BEFORE THE BOARD OF PUBLIC EDUCATION

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I through V; the amendment of ARM 10.55.601, 10.55.602, 10.55.603, 10.55.604, 10.55.605, 10.55.606, 10.55.701, 10.55.702, 10.55.703, 10.55.704, 10.55.705, 10.55.706, 10.55.707, 10.55.708, 10.55.709, 10.55.710, 10.55.712, 10.55.714, 10.55.715, 10.55.716, 10.55.717, 10.55.718, 10.55.721, 10.55.801, 10.55.802, 10.55.803, 10.55.804, 10.55.901, 10.55.902, 10.55.904, 10.55.905, 10.55.906, 10.55.907, 10.55.908, 10.55.1001, 10.55.1003, 10.55.1101, 10.55.1301, 10.55.1701, 10.55.1801, 10.55.1901, and 10.55.2101; the repeal of ARM 10.55.711 and 10.55.1302; and the transfer of ARM 10.55.607 pertaining to Standards of Accreditation

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NOTICE OF ADOPTION, AMENDMENT, REPEAL, AND TRANSFER

 

TO: All Concerned Persons

 

1. On October 7, 2022, the Board of Public Education (board) published MAR Notice No. 10-55-290 pertaining to the public hearing on the proposed adoption, amendment, repeal, and transfer of the above-stated rules at page 1966 of the 2022 Montana Administrative Register, Issue Number 19.

 

2. The board has repealed the following rules as proposed: ARM 10.55.711 and 10.55.1302.

 

3. The board has transferred ARM 10.55.607 to ARM 10.57.114 as proposed.

 

4. The board has adopted the following rules as proposed: NEW RULE I (ARM 10.55.608) and NEW RULE V (ARM 10.55.806).

 

5. The board has amended the following rules as proposed: ARM 10.55.604, 10.55.702, 10.55.707,10.55.715, 10.55.716, 10.55.717, 10.55.718, 10.55.801, 10.55.804, 10.55.1101, 10.55.1301, 10.55.1701, 10.55.1801, 10.55.1901, and 10.55.2101.

 

6. The board has adopted the following rules as proposed but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

NEW RULE II (10.55.722)  FAMILY AND COMMUNITY ENGAGEMENT  

(1) remains as proposed.

(a)  is aligned to the district integrated strategic action plan required in ARM 10.55.601;

(b) through (d)(iv) remain as proposed.

(v)  families and school staff partner in decisions that affect children and families and together inform and influence policies, practices, and programs; and

(vi)  families and school staff collaborate with members of the community to connect students, families, and staff to expand learning opportunities, community services, and civic participation.; and

(vii) families and school staff collaborate with members of the community to connect students, families, and staff to post-secondary education opportunities, including workforce training, apprenticeship opportunities, career pathways, and degree programs, and encourage students to explore college and career planning tools (including Free Application for Federal Student Aid completion) and incentives provided by post-secondary institutions.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

NEW RULE III (10.55.723)  MENTORSHIP AND INDUCTION  (1)  The local board of trustees shall implement a mentorship and induction program as outlined in the integrated strategic action plan described in ARM 10.55.601 that:

(a) through (2) remain as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

NEW RULE IV (10.55.724)  EVALUATION  (1)  The local board of trustees shall ensure the completion of periodic written evaluations of all regularly employed instructional personnel who are under written contract.  Employees evaluated shall have access to a copy of the evaluation instrument, the opportunity to respond in writing to the completed evaluation, and access to the employee's files.

(2) The Superintendent of Public Instruction shall develop and publish model evaluation instruments that comply with this rule in collaboration with the Montana Federation of Public Employees, the Montana Rural Education Association, the Montana School Boards Association, the School Administrators of Montana, and the Montana Small School Alliance.  A school district adopting and using one of the model instruments shall be construed to have complied with this rule, though use of one of the models shall not be required provided that the district's evaluation instrument and process substantially conform to the requirements set forth in this rule.  

(2)(3) The local board of trustees shall implement an evaluation component as outlined in the integrated strategic action plan described in ARM 10.55.601.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

7. The board has amended the following rules as proposed but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

10.55.601  ACCREDITATION STANDARDS: PROCEDURES  (1) and (2) remain as proposed.

(3)  To ensure a learner-centered system and establish a plan for continuous education improvement, the school district schools shall develop, implement, monitor, and evaluate an integrated strategic action plan and make the plan publicly available.  To align with local context and needs, the district integrated strategic action plan shall be developed updated at least every three years based on a comprehensive needs assessment with meaningful stakeholder input and feedback that comply, at a minimum, with applicable requirements in Title 2, chapter 3, part 1, MCA.  The integrated action plan must be evaluated, and progress reviewed annually.  The plan must clarify what specific steps must be taken to achieve the district graduate profile and reflect a continuous improvement process.

(4)  Each plan shall include:

(a)  a school district graduate profile of a graduate as defined in ARM 10.55.602(22);

(b) the school district's educational goals pursuant to the requirements of ARM 10.55.701 and each of its school's identified area(s) of need based on an analysis of school level comprehensive needs assessment;

(c) a description of planned progress toward implementing all content and program area standards, in accordance with the schedule in ARM 10.55.603 the school district's and each of school's desired outcomes that align with the district graduate profile;

(d) a description of strategies for assessing student progress toward meeting all content standards, pursuant to the requirements of ARM 10.55.603 and 10.56.101 the educational goals for the school district and each school within the district;

(e) a professional development component, in accordance with ARM 10.55.714 a description of the district and each school's evidence-based strategies, action steps, measures, success criteria, and evidence that are aligned with the graduate profile and will be implemented, monitored, and evaluated;

(f) a description of how the district and each of its schools will meet programmatic requirements of state and federal grants; and

(g) a description of planned progress toward implementing all content and program area standards, in accordance with the schedule in ARM 10.55.603;

(h) a description of strategies for assessing student growth and proficiency of all content standards and content-specific learning progressions, pursuant to the requirements of ARM 10.55.603 and ARM 10.56.101;

(i) professional development, mentoring, induction, and evaluation components, in accordance with ARM 10.55.714, [New Rule III], and [New Rule IV];

(j) a description of strategies for family and community engagement, in accordance with [New Rule II];

(k) a description of strategies to maintain and enhance a positive school climate, in accordance with ARM 10.55.801;

(l) a description of a learning model(s) aligned to the graduate profile; and

(m)(g)  a description of strategies for addressing the needs of gifted and talented students in accordance with ARM 10.55.804, special education children with disabilities in accordance with ARM 10.55.805, English learners learner students in accordance with ARM 10.55.806, and other populations with individual needs at-risk students as defined in 20-1-101, MCA.

(5)  The local board of trustees shall report and submit their adopted integrated strategic action plan to the Superintendent of Public Instruction.

(6)  The Superintendent of Public Instruction shall develop and implement procedures necessary to monitor and evaluate the effectiveness of the implementation of the integrated strategic action plan of each school district and its schools.

(7)  To ensure learner-centered systems and continuous educational improvement, the Superintendent of Public Instruction shall provide guidance, resources, and evaluation to assist in the implementation of the district integrated strategic action plans plan to improve learning outcomes for all students.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.602  DEFINITIONS  For the purposes of this chapter, the following terms apply:

(1) through (4) remain as proposed.

(5)  "Charter school" means a publicly funded school that may be exempt from an assurance standard or a section of assurance standards as defined in ARM 10.55.602(3).  A charter school operates under the supervision and control of an existing locally elected board of trustees in an existing public school district.

(6) remains as proposed.

(7)  "Class 8 license" means an educator license as defined in ARM 10.57.102.

(8)  "Combined elementary-high school district" means an elementary district and a high school district, which are combined into a single school system for district administration purposes.

(9) and (10) remain as proposed but have been renumbered (7) and (8).  

(11)  "Concurrent enrollment" means the district offers these courses during the school day and they are taught by district high school faculty who have been approved by the post-secondary institution to teach these college level courses.  Students receive both high school and college credit for the completed course.

(12) through (16) remain as proposed but have been renumbered (9) through (13).

(17)  "Dual credit" means students receive both college credit and high school credit for courses taken from a postsecondary institution.  Students may or may not be taking these courses during the school day.  The college faculty member must have an appropriate license and endorsement in the subject taught or a Class 8 license.

(18)  "Dual enrollment" means opportunities for students to be enrolled in high school and postsecondary courses at the same time.

(19) through (23) remain as proposed but are renumbered (14) through (18).

(24)  "Independent elementary school district" means a district organized for the purpose of providing public education for all or any combination of grades kindergarten through 8.

(25)  "Indian Education for All" means the constitutionally declared policy of this state to recognize the distinct and unique cultural heritages of American Indians and to be committed in its educational goals to the preservation of their cultural heritages.  Implementation of these requirements ensures:

(a)  every Montanan, Indian or non-Indian, is encouraged to learn about the distinct heritages and contributions of Montana tribal groups and governments in a culturally responsive manner; and

(b)  every educational agency must work cooperatively with Montana tribes to provide means by which school personnel will gain an understanding of and appreciation for American Indian people.

(26) remains the same but is renumbered (19).

(27)(20)  "Integrated strategic action plan" means a district plan adopted by the board of trustees that:

(a) is aligned with the peoples' goal in Article X, section 1 of the Montana Constitution of developing the full educational potential of each person;

(b) ensures a learner-centered system and continuous improvement that reflects local context and needs,;

(c) is based on school level comprehensive needs assessment,;

(d) incorporates has engaged stakeholders and addresses stakeholder input and feedback,; and

(e) aligns plans across required with requirements of applicable state and federal programs.

(28) and (29) remain as proposed but are renumbered (21) and (22).

(30)  "K-12 district" as defined in 20-6-701, MCA, means an elementary district, with the same district boundaries as a high school district, which has been attached to that high school district.  The high school district remains an organized district and the elementary district is an inactive district pursuant to 20-6-101, MCA.

(31)(23)  "Learning model" means the learning experiences student students engage in and teachers facilitate that are aligned to the desired attributes of a graduate profile.

(32)(24)  "Learning progression" means the specific performance expectations in each content area and grade-level or grade-band from kindergarten through grade 12.

(33) through (36) remain as proposed but are renumbered (25) through (28).

(37)  "Minimum aggregate hours" means the minimum hours of pupil instruction that must be conducted during the school fiscal year in accordance with 20-1-301, MCA and includes passing time between classes.  Minimum aggregate hours do not include lunch time and periods of unstructured recess, as defined in 20-1-101, MCA.

(38)(29) ʺMinimum requirementʺ as used in ARM 10.55.606 means groups of 10 or more students for reporting valid and reliable results as it pertains to student performance.

(39)  "Misassignment" means a licensed educator/specialist teaching outside their endorsed teaching area(s) or level (elementary K-8 and secondary 5-12).

(40) remains as proposed but is renumbered (30).

(41)  "Offsite instructional setting" means an instructional setting at a location, separate from a main school site, where a school district provides for the delivery of instruction to a student who is enrolled in the district.

(42)  "Online learning" means educational activity in which instruction and content are delivered primarily via the Internet and through emerging technologies.  Online learning is a form of distance learning.

(43)(31)  "Personalized learning" means to:

(a)  develop individualized pathways for career and postsecondary educational opportunities that honor individual interests, passions, strengths, needs, and culture;

(b)  support the student through the development of relationships among teachers, family, peers, the business community, postsecondary education officials, public entities, and other community stakeholders;

(c)  embed community-based, experiential, online, and work-based learning opportunities; and

(d)  foster a learning environment that incorporates both face-to-face and virtual connections.

(44)  "Postsecondary and workforce readiness" means the knowledge, skills, and dispositions that a student should attain prior to completing a high school program.

(45) through (49) remain as proposed but are renumbered (32) through (36).

(50)(37)  "Program delivery standards" means the conditions and practices school districts are required to provide ensuring that every student is afforded equal educational opportunities to learn, develop, and demonstrate achievement in content standards and content-specific grade-level or grade-band learning progressions.

(51)(38)  "Pupil instruction" means the conduct of organized instruction of learning opportunities for pupils enrolled in public schools while under the supervision of a teacher. is as defined in 20-1-101, MCA.

(52)(39) "Pupil instruction day" means a school day when organized instruction is conducted with students under the supervision of a teacher of pupil instruction.

(53) remains as proposed but is renumbered (40).

(54)(41)  "School" means, for accreditation purposes, an educational program and grade assignments designated by the local board of trustees in one of the following categories:

(a)  an elementary school, which offers any combination of kindergarten through eighth grade;

(b)  a seventh and eighth grade school, which comprises the basic education program for grades 7 and 8 that may be funded at the high school rate pursuant to 20-9-396 20-9-306, MCA;

(c)  a junior high school, which offers the basic education program for grades 7 through 9;

(d)  a middle school, which offers education programs for grades 4 through 8 or any combination thereof; and

(e)  a high school, which offers the educational programs for grades 9 through 12 or grades 10 through 12 when operating in conjunction with a junior high school.

(55) and (56) remain as proposed but are renumbered (42) and (43).

(57)(44)  "School system" means the administrative unit of a district or combination of districts.  In Montana, types of school systems are as follows:

(a)  "combined elementary-high school district" means an elementary district and a high school district which are combined into a single school system for district administration purposes through a K-12 district, unified school system, or joint board;

(b)  "independent high school district" means a district organized for the purpose of providing public education for all or any combination of grades 9 through 12 that is operated independent of an elementary district; and

(c)  "independent elementary school district" means a district organized for the purpose of providing public education for all or any combination of grades kindergarten through grade 8 that is operated independent of a high school district.

(58)  "Stakeholder engagement" means a measurable, inclusive, intentional, and ongoing process of communicating to, learning from, and partnering with stakeholders to best support continuous school improvement and learning outcomes for all students.

(59) through (61) remain as proposed but are renumbered (45) through (47).

(62)(48)  "Student performance standards" means the measurement of student performance and proficiency on annual state level summative assessments and graduation rates used to determine the accreditation status of a school.

(63) through (67) remain as proposed but are renumbered (49) through (53).  

(68)  "Work-based learning" means sustained interactions with industry or community professionals in workplace settings, to the extent practicable, or simulated environments at an educational institution that foster in-depth, firsthand engagement with the tasks of a given career field, that are aligned to curriculum and instruction.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.603  CURRICULUM AND ASSESSMENT  (1) and (2) remain as proposed.

(3)  School districts shall assess all students' progression, growth, and proficiency of content standards and content-specific grade-level or grade-band learning progressions in each program area as aligned with the district assessment plan in (5).  The district shall use multiple measures, including state-level achievement information obtained by administration of assessments pursuant to ARM 10.56.101 to examine the learning program and measure its effectiveness.

(a) through (4)(a) remain as proposed.

(b)  review curricula at least every five years or consistent with the state's standards revision schedule, and modify, as needed, to meet the goals of the integrated strategic action plan pursuant to ARM 10.55.601;

(c)  review materials and resources necessary for implementation of the curriculum and assessment at least every five years, or consistent with the state's standards revision schedule, that are consistent with the goals of the integrated strategic action plan pursuant to ARM 10.55.601; and

(d) and (5) remain as proposed.

(a)  The assessment plan shall be included in the integrated strategic action plan pursuant to ARM 10.55.601 and be in place within two years following the development of local curriculum.

(b)  School districts shall use appropriate multiple measures and methods, including state-level achievement information obtained by administration of assessments pursuant to the requirements of ARM 10.56.101, to assess student growth and proficiency of content standards and content-specific grade-level or grade-band learning progressions in all program areas.

(c)  The Superintendent of Public Instruction shall develop criteria and procedures for the selection of appropriate multiple measures and methods to be used to assess student growth and proficiency of content standards and appropriate content-specific grade-level or grade-band learning progressions in all program areas.

(d) remains as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.605  CATEGORIES OF ACCREDITATION  (1)  Accredited with distinction means the school has met the assurance standards, exceeded student performance standards as defined in ARM 10.55.606, and met the licensure endorsement requirements related to teaching assignments.  A copy of the Accreditation Status Criteria Reference Guide must be made publicly available by the Superintendent of Public Instruction.  Three consecutive years in the accredited with distinction status allows the local board of trustees to waive assurance standards for the school for three years.

(1)(2)  Regular accreditation Accredited means the school has met the assurance standards with minor and/or few deviations from the standards, and met or exceeded the student performance standards as defined and delineated in ARM 10.55.606, and met the Licensure Endorsement Requirements Related to Teaching Assignments.  A copy of the Accreditation Status Criteria Reference Guide must be made publicly available by the Superintendent of Public Instruction.

(2)  Regular with minor deviation accreditation means the school does not meet all the requirements of regular accreditation outlined in (1), as defined in the Accreditation Status Criteria Reference Guide, which must be made publicly available by the Superintendent of Public Instruction.

(3)  A school with regular accreditation with a deviation in student performance standards, as defined in ARM 10.55.606, or regular with minor deviations accreditation, as defined in ARM 10.55.606, shall remedy the deviations within three years or will be reassigned to a lower category of accreditation.

(4)(3)  Advice accreditation Accredited on probation status means the school exhibits serious and/or numerous deviations from the assurance standards and/or does not meet the student performance standards as defined and delineated in ARM 10.55.606, and the Licensure Endorsement Requirements Related to Teaching Assignments.  A copy of the Accreditation Status Criteria Reference Guide must be made publicly available by the Superintendent of Public Instruction. For a district with a school accredited on probation status, the district administrator and the chair of the local board of trustees shall submit to the Superintendent of Public Instruction a corrective plan, including a systematic procedure and timeline for resolving the deviations noted.  Schools identified as accredited on probation will be required to participate in an annual review of progress from the Office of Public Instruction.  If a school has three consecutive years on probation, the school shall be placed into the intensive assistance process.

(5)  Deficiency accreditation means the school is in advice status for two years, has not complied with the required corrective plan, and continues to have serious and/or numerous deviations, or has substantially increased the seriousness of deviations over the previous year.

(6)  For a district with a school in advice or in deficiency status, the district administrator and the chair of the local board of trustees shall submit to the Superintendent of Public Instruction a corrective plan, including a systematic procedure and timeline for resolving the deviations noted.

(7)  A school shall be immediately placed in deficiency status if:

(a)  the school employs a teacher who does not have a Montana teaching license; or

(b)  the school has a facility that creates an unhealthy environment with safety and health hazards.

(8)  A school in deficiency status failing to comply with the required corrective plan shall be placed into the intensive assistance process as defined in the Accreditation Status Criteria Reference Guide, which must be made publicly available by the Superintendent of Public Instruction.

(9)  Nonaccredited status means that a school in deficiency status fails to meet the requirements of intensive assistance and is out of compliance with the Board of Public Education standards of accreditation.

(10)(4)  A school seeking initial accreditation or reinstatement of accreditation shall meet the requirements of regular accreditation outlined in (1)(2).  This process shall include an on-site review from the Office of Public Instruction.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.606  ACCREDITATION PROCESS  (1) through (5) remain as proposed.

(6) A school shall be designated accredited with distinction by using the combined results of accredited status for assurance standards and distinguished status for student performance results, where 80% of students are proficient or advanced and/or obtain an 80% or higher graduation rate.

(6) A school shall be designated regular accreditation status by using the combined results of the assurance standards and student performance standards as follows:

(a) Regular status for assurance standards and regular status for student performance standards;

(b) Regular status for assurance standards and regular with minor deviation for student performance standards; or

(c) Regular with minor deviation for assurance standards and regular status for student performance standards.

(7)  A school shall be designated regular with minor deviation accredited status by using the combined results of both assurance standards and student performance standards in regular with minor deviation status accredited status, or as stated in ARM 10.55.605.

(8)  A school shall be designated in advice accredited on probation status by using the combined results of the assurance standards and student performance standards in accredited with probation for either set of standards, or as stated in ARM 10.55.605.

(9) A school shall be designated deficiency status by using the combined results of assurance standards and student performance standards in deficiency in either set of standards, or as stated in ARM 10.55.605.

 

           AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.701  BOARD OF TRUSTEES  (1) and (2) remain as proposed.

(a)  an integrated strategic action plan that includes a graduate profile as outlined in ARM 10.55.601;

(b)  sequential K-12 curriculum for each program area that aligns to the content standards, content specific grade-level or grade-band learning progressions, and program area standards;

(c)  policies establishing student assessment procedures that ensure evaluation of the district's curriculum and student learning.  These procedures shall specify how and when data are to be collected, analyzed, and reported; and

(d) policies providing descriptions of the roles and responsibilities of the local board of trustees, superintendent, and personnel employed by the school district;.

(e) a policy addressing grievances for students, families, staff, and stakeholders; and

(f) any other policies required by state or federal law.

(3) and (3)(a) remain as proposed.

(b)  engage in a continuous school improvement process that is aligned with the school district's integrated strategic action plan.

(4)  The local board of trustees shall develop, with stakeholder input, a district mission and vision an integrated strategic action plan to which that aligns to the district graduate profile is aligned.

(5)  The local board of trustees with meaningful stakeholder involvement shall establish and implement such additional policies as the board deems necessary that:

(a)  provide for the safety and well-being of all students and staff;

(b) through (d) remain as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.703  LICENSURE AND DUTIES OF SCHOOL PRINCIPAL  (1) and (2) remain as proposed.

(3)  The principal shall carry out the district's policies and procedures, provide instructional leadership that allows for personalized and proficiency-based learning models, engage in strategic planning and school improvement, intentionally engage families and community members, ensure a positive school climate, and be responsible for the effective day-to-day operation of the school, including the management of finances, materials, and human resources to maximize student learning outcomes.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.704  ADMINISTRATIVE PERSONNEL:  ASSIGNMENT OF DISTRICT SUPERINTENDENTS  (1)  The assignment of licensed superintendents for all configurations of school systems shall be determined by the local board of trustees, who recognize that in order to have a quality school system, leadership and leadership stability matter.  The employment, assignment, functions, and duties of superintendents must comply with 20-3-207, 20-4-401, 20-4-402, MCA. based upon full-time equivalency (FTE) and shall be assigned as follows: The local board of trustees shall hire a district superintendent when:

(a) It operates a County High School, except the trustees may employ a Class 3 holder with a district superintendent endorsement as the county high school principal in lieu of a superintendent.

(b)  The trustees of any high school district that operates under a separate board of trustees due to alternate methods of electing members of the high school board of trustees and the trustees of the elementary district where its high school building is located shall jointly employ and appoint a district superintendent.

(c)  A joint board of trustees has been formed by a county high school and the elementary district where the county high school is located, the joint board shall jointly employ and appoint a district superintendent.

(d)  The trustees of any other district may employ and appoint a district superintendent or when practicable seek the services of the county school superintendent as outlined in 20-3-207, MCA, to assist with the supervision or other support requirements identified by the county superintendent (e.g., employ a principal, subcontract with a licensed superintendent).

(2)  When a district superintendent is employed, the trustees shall enter into a minimum of a one-year negotiated contract with the superintendent but can negotiate up to three years.  Renewal of contracts must comply with 20-4-401, MCA.

(3)  Based on the enrollment of a school system and the scope, functions, and duties of the superintendent, the district superintendent is encouraged to recommend to the local board of trustees the assignment of additional staff (e.g., assistant superintendents, coordinators, directors, supervisors) to assist with the operation of the school district to provide a quality education that results in actualized learning outcomes and the safety and wellness of students.

(a)  School systems with 14 or fewer FTE licensed staff and without a licensed superintendent employed may use a supervising teacher and the services of the office of the county superintendent to satisfy administrator requirements;

(b)  School systems with more than 14 and fewer than 18 FTE licensed staff shall employ a part-time, at a minimum of .10 FTE, licensed superintendent.  One individual may serve as both superintendent and principal as defined in ARM 10.55.705(2)(a) or (2)(b);

(c)  School systems with more than 18 and fewer than 31 FTE licensed staff shall employ a half-time (.50 FTE) licensed superintendent.  One administrator may serve as both superintendent and principal as defined in ARM 10.55.705(2)(a) or (2)(b);

(d)  School systems with 31 or more FTE licensed staff shall employ a full-time (1.0 FTE) licensed superintendent who shall devote full time to administration and supervision not to exceed a total assignment of 1.0 FTE; and

(e)  No individual superintendent assigned pursuant to the ratios in (1) may be assigned as more than 1.0 FTE.

(4)(2) School systems with 100 or more full-time equivalency (FTE) FTE licensed staff shall employ a full-time curriculum coordinator to supervise the educational program and alignment of standards, assessment, curriculum, instruction, and instructional materials.  The curriculum coordinator shall hold a Class 3 administrative license.  Those districts with fewer than 100 FTE licensed staff and no full-time curriculum coordinator shall employ the services of a consortium, multidistrict collaborative, or interlocal cooperative, or a part-time, designated curriculum coordinator.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.705  ADMINISTRATIVE PERSONNEL:  ASSIGNMENT OF SCHOOL ADMINISTRATORS/PRINCIPALS (1) School systems with nine or fewer full-time equivalency (FTE) licensed staff and without a licensed superintendent may use a supervising teacher and the services of the office of the county superintendent to satisfy principal requirements.  The assignment of licensed school administrators/principals for all configurations of school systems shall be recommended by the district superintendent or county superintendent to the local board of trustees based on the scope, functions, and duties of the administrator/principal outlined in ARM 10.55.703, who recognize that in order to have a quality school system, leadership and leadership stability matter.  Further, it is recognized that principals and assistant principals are the school leaders whose impact is second only to the classroom teacher in quality student learning outcomes and the safety and well-being of students.

(a)  The local board of trustees may employ a principal/superintendent combination to lead their school districts.

(b)  The local board of trustees shall ensure that administrator/principal duties shall be met through the employment of a superintendent/principal or, where practicable, seek the needed services of the county superintendent in a school district with fewer than 125 students.

(c)  A school district must assign a licensed school administrator/principal full or partial FTE based on scope, function, and responsibilities for a school district with an enrollment of 125 students or more.

(2)  The assignment of licensed principals shall be based upon student enrollment and prorated as applicable.  Principal assignments are as follows:

(a)  0.25 FTE licensed principal shall be assigned to schools with enrollments of 125 to fewer than 175 students;

(b)  0.50 FTE licensed principal shall be assigned to schools with enrollments of 175 to fewer than 250 students;

(c)  1.0 FTE licensed principal shall be assigned to schools with enrollments of 250 to fewer than 550 students;

(d)  2 FTE licensed principals shall be assigned to schools with enrollments of 550 to fewer than 1050 students;

(e)  3 FTE licensed principals shall be assigned to schools with enrollments of 1050 to fewer than 1550 students;

(f)  4 FTE licensed principals shall be assigned to schools with enrollments of 1550 to fewer than 2050 students;

(g)  5 FTE licensed principals shall be assigned to schools with enrollments of 2050 or more students. Dependent on the student enrollment of the school and the scope, function, and responsibility of a principal/administrator, local boards of trustees are encouraged to set staffing levels of principals/administrators that will provide a quality education that results in learning outcomes and supports the safety and well-being of students.

(a)  The local board of trustees may employ and assign a principal/superintendent combination to lead their school districts.

(b)  The local board of trustees may assign a supervising teacher and/or county superintendent to fill the duties of the principal in schools.

(c)  The local board of trustees may assign a licensed school administrator/principal at a partial or full-time equivalency.

(3)  No individual principal assigned pursuant to the ratios in (2) may be assigned as more than 1.0 FTE.  Additional administrator/principal FTE may be recommended by the district or county superintendent to the local board of trustees for consideration at any time during the school year.

(4)  In a school that requires two or more FTE administrators/principals, at least one individual shall be appropriately endorsed as principal.  At least a second administrator shall have an administrative endorsement(s) at the appropriate level(s) and in the area(s) that accurately reflects the administrator's supervisory responsibilities.  For example, a school may assign properly licensed and endorsed curriculum coordinators to supervise the appropriate instructional programs.  No individual administrator assigned pursuant to the ratios in ARM 10.55.705(2) may be assigned as more than 1.0 FTE.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.706  TEACHER INVOLVEMENT  (1)  Teachers should shall use their professional judgment and measures of student growth and proficiency to provide engaging and highly effective pupil instruction to all students based on individual need.

(2) remains as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.708  TEACHING ASSIGNMENTS  (1) remains as proposed.

(2)  Teachers assigned in grade 5 or 6 in the departmentalized classroom or middle school, who hold a 5-12 secondary license, must be endorsed in the subjects they are teaching.  A 5-12 license will not cover a grade 5 or 6 assignment in a self-contained K-8 classroom.

(3)  Clarifications of teaching assignments in grades 5 through 12 departmentalized settings are published in the Licensure Endorsement Requirements Related to Teaching Assignments, which must be made publicly available by the Superintendent of Public Instruction.

(4)  Licensure at the elementary level entitles the holder to teach in grades K through 8.

(5)  No teacher shall have more than 28 hours of assigned student responsibility per week except for one-, two-, and three-teacher schools.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.709  LIBRARY MEDIA SERVICES, K-12  (1) Each school must have a library media and literacy information program aligned to the content standards in ARM 10.53.1201 and the program standards in ARM 10.55.1801 that results in student learning outcomes for media and information literacy.  The school library shall be housed in a central location, and each shall have a licensed and endorsed library media specialist at the following ratio:

(a)  .5 FTE for schools with 126-250 students;

(b)  1 FTE for schools with 251-500 students;

(c)  1.5 FTE for schools with 501-1000 students;

(d)  2 FTE for schools with 1001-1500 students;

(e)  2.5 FTE for schools with 1501-2000 students;

(f)  3 FTE for schools with 2001 or more students.

(2)  Schools of fewer than 126 students shall employ or contract with a licensed and endorsed school library media specialist.  Based on the needs of the district, in concert with national and state program standards, the superintendent must recommend to the local board of trustees the assignment of library media staff to provide library media and information literacy services that result in the knowledge, skills, and dispositions students need by:

(a)  employing licensed and endorsed library media specialist(s); or

(b)  contracting with a licensed and endorsed school library media specialist; or

(c)  utilizing a consortium, multidistrict agreement, interlocal cooperative; or

(d)  utilizing any other cooperative method that is authorized to secure these services.

(3)  If a district has fewer than 126 students, the district may utilize a consortium, multidistrict agreement, or interlocal cooperative to secure these services.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.710  ASSIGNMENT OF SCHOOL COUNSELING STAFF  (1)  A minimum equivalent of one full-time counselor for each 400 elementary (K-8) students shall be provided. The counselor/student ratio shall be prorated.  Each school must have a school counseling program for K-12 students aligned to delivery standards in ARM 10.55.1901 and national counselor and student standards.  The school system will assess the need for student supports that result in the knowledge, skills, and dispositions students need to:

(a)  address mental health, safety, and well-being;

(b)  achieve academic success and college and career readiness; and

(c)  develop the mindsets and behaviors as identified in the national school counseling standards.

(2)  A minimum equivalent of one full-time counselor for each 400 high school students (including grades 7 and 8 if high school funding is received) shall be provided.  The counselor/student ratio shall be prorated. Based on the needs of the district in concert with national and state standards, the superintendent must recommend to the local board of trustees the assignment of counseling staff based on the capacity of individual counselors to provide school counseling programming and services by:

(a)  employing licensed school counselor(s) or Class 6 specialist(s); or

(b)  contracting licensed school counselor(s) or Class 6 specialist(s); or

(c)  utilizing a consortium, multidistrict agreement, or interlocal cooperative to secure these services; or

(d)  utilizing any other cooperative method that is authorized to secure these services.

(3)  Districts with fewer than 126 students may employ or contract with a licensed, endorsed school counselor or Class 6 specialist or utilize a consortium, multidistrict agreement, or interlocal cooperative to secure these services.  Based on the student need and school population(s), the district superintendent must recommend to the local board of trustees the assignment of additional degreed, licensed, or credentialed staff (e.g., school counselors, school psychologists, career advisors, licensed clinical social workers, licensed professional counselors, behaviorists, other mental health professionals, and/or other resources) that supports the staffing levels based on evidence-based research and national counseling standards.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.712  CLASS SIZE:  ELEMENTARY  (1) through (4) remain as proposed.

(5)  The school district must provide additional assign qualified human resources that comply with all fingerprint and background check requirements when exceeding maximum class sizes at a rate . Instructional aides are mandatory when class size or teacher load exceed the standards.  An instructional aide shall be assigned a minimum of 1 1/2 hours per day, per student overload. up to six hours.

(6) remains as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.714  PROFESSIONAL DEVELOPMENT  (1)  Professional development:

(a)  shall be aligned with the district graduate profile and educational goals outlined in the district integrated strategic action plan described in ARM 10.55.601;

(b)  shall be provided to address safety, well-being, and mental health of students and staff;

(c) through (2) remain as proposed.

(3)  The local board of trustees shall establish an advisory committee to evaluate the school district's current school year professional development plan; and develop and recommend a plan for the subsequent school year, which is a required component of the integrated strategic action plan outlined in ARM 10.55.601.

(a) remains as proposed.

(b)  Each school year the local board of trustees shall adopt a professional development plan embedded in the district integrated strategic action plan for the subsequent school year based on the recommendation of the advisory committee.

(c) through (h) remain as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.721  HAZARD AND EMERGENCY PLANS  (1)  A local board of trustees shall adopt a policy addressing a school safety plan or emergency operations plan.  The plan required by this rule shall be periodically reviewed with stakeholder input and updated as determined necessary by the trustees based on changing circumstances pertaining to school safety.  Nothing in this rule shall be construed to require disclosure of elements of a school safety plan protected from public disclosure under the safety and security exceptions set forth in 2-6-1003, MCA.

(2) remains as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.802  OPPORTUNITY AND EDUCATIONAL EQUITY  (1)  It is the purpose of the accreditation standards to guarantee equality of educational opportunity and to respect the dignity of every person in accordance with Article II, Section IV of the Montana Constitution and federal law, with without prejudice toward none of any kind.  This includes, but is not limited to, programs, facilities, educational materials, curriculum, counseling, library services, and extracurricular activities.

 

AUTH: Mont. Const. Art. II, sec. 4, Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. II, sec. 4, Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.803  LEARNER ACCESS  (1) and (1)(a) remain as proposed.

(i)  students are engaged engages students in authentic learning experiences that tie to their interests;

(ii)  students are all included includes students in activities and given equal opportunity;

(iii) through (g) remain as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.901  BASIC EDUCATION PROGRAM:  ELEMENTARY  (1)  An elementary school shall have an education program aligned to the program area standards that enables students to meet the content standards and content-specific grade-level or grade-band learning progressions and recognizes the distinct and unique cultural heritages of American Indians.

(2) remains as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.902  BASIC EDUCATION PROGRAM:  MIDDLE GRADES JUNIOR HIGH SCHOOL, 7th AND 8th GRADE PROGRAM, OR MIDDLE SCHOOL  (1)  A school with middle grades A school district's junior high school, 7th and 8th grade program, or middle school that complies with the requirements of this rule shall be accredited by the Board of Public Education in such capacity, according to the school district's compliance through a junior high school, 7th and 8th grade program, or middle school.  To earn accreditation for its junior high school, 7th and 8th grade program, or middle school, the school district must have an education program aligned to the program area standards that enables all students to meet the content standards and content-specific grade-level or grade-band learning progressions and recognizes the distinct and unique cultural heritages of American Indians.

(2)  Instruction in reading literacy and writing literacy shall be incorporated into all required and elective program areas as required in the Montana Content Standards.  The Board of Public Education, upon recommendation of the Superintendent of Public Instruction, may approve a 7th and 8th grade program that must follow either the middle school philosophy and components described in (3) or the departmentalized philosophy and components described in (4).

(3)  The Board of Public Education, upon recommendation of the Superintendent of Public Instruction, may approve a middle school program that:

(a)  addresses the unique nature of middle-grade children by focusing on their intellectual, social, emotional, and physical development.  To put such philosophy into practice, a middle school must have flexibility to:

(i)  approach instruction, scheduling, and teaching in a variety of ways;

(ii)  undertake interdisciplinary work; and

(iii)  plan blocks of coursework deriving from the intellectual, social, emotional, and physical needs of middle school students;

(b)  incorporates critical and creative thinking, career awareness, lifelong learning, and safety;

(c)  incorporates instruction in reading literacy and writing literacy into all required and elective program areas as required in the Montana Content Standards;

(3)(d)  includes, at At a minimum, the following program areas as aligned with ARM 10.55.603 and 10.55.1001 are required of all students yearly:

(i)(a)  English language arts;

(ii)(b)  mathematics;

(iii)(c)  physical and life sciences;

(iv)(d)  social studies; and

(v)(e)  health and physical education; and

(f)  elective/exploratory offerings at the discretion of the local board of trustees to provide a minimum of three of the following:

(i)  arts (visual arts, media arts, theater arts, music, and dance);

(ii)  career and technical education;

(iii)  computer science;

(iv)  world languages; and

(v)  exploratory courses, for example: mathematics exploration, science exploration, business, creative writing, financial education, photography, and leadership.

(e)  at a minimum maintains the following required program areas:

(i)  visual arts including, but not limited to art history, art criticism, aesthetic perception, and production;

(ii)  music including, but not limited to general, instrumental, and vocal (emphasizing comprehensive music elements, music history, criticism, aesthetic perception, and musical production);

(iii)  career and technical education courses or pathways such as agriculture, business education, family and consumer sciences, health occupations and industrial technology education; and

(iv)  world languages;

(f)  offers as electives to all students exploratory courses such as creative writing, dance, drama, financial education, photography, and leadership.

(4)  A junior high school must offer an educational program, aligned to the program area standards, that enables all students to meet the content standards and content-specific grade-level or grade-band progressions.

(a)  Instruction in reading literacy and writing literacy shall be incorporated into all required and elective program areas as required in the Montana Content Standards, ARM Title 10, chapter 53.

(b)  All students shall complete the following program areas each year:

(i)  1 unit of English language arts;

(ii)  1 unit of social studies;

(iii)  1 unit of mathematics;

(iv)  1 unit of science; and

(v)  1/2 unit of health and physical education.

(c)  All students must be allowed to elect from the following program area offerings:

(i)  1/2 unit of visual arts;

(ii)  1/2 unit of music;

(iii)  1/2 unit of career and technical education; and

(iv)  1/2 unit of world languages and cultures.

(d)  A unit is defined as the equivalent of at least 8100 minutes for one school year.

(e)  Time to pass between classes may be counted toward the standard school day but shall not be counted toward class time.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.904  BASIC EDUCATION PROGRAM OFFERINGS:  HIGH SCHOOL

(1)  The basic education program, aligned to the program area standards, for grades 9 through 12 shall be at least 20 units of coursework that enable all students to meet the content standards and content-specific grade-level or grade-band learning progressions and recognizes the distinct and unique cultural heritages of American Indians.

(2) and (3) remain as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.905  GRADUATION REQUIREMENTS  (1)  As a minimum, a school district's requirements for graduation shall include a total of 20 units of study that enable all students to meet the content standards and content-specific grade-level or grade-band learning progressions.  Students may demonstrate achievement through a flexible system of pupil-centered learning.

(2) through (4) remain as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.906  HIGH SCHOOL CREDIT  (1) remains as proposed.

(a)  A unit of credit is defined as the equivalent of at least 8100 minutes for one year, equivalent proficiency without regard to time, or demonstration of an equivalent course that meets the district's curriculum and assessment requirements, which are aligned with each of the content standards.

(b) through (4) remain as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.907  DISTANCE, ONLINE, AND TECHNOLOGY-DELIVERED LEARNING  (1) through (2)(a) remain as proposed.

(b)  Distance, online, and technology-delivered learning programs and/or courses shall at a minimum be aligned with state content standards and content-specific grade-level or grade-band learning progressions.

(c) remains as proposed.

(3)  Except as provided in (3)(a), teachers of distance, online, and technology-delivered learning programs shall be licensed and endorsed in Montana or elsewhere in the area of instruction taught with such license granted as a result of the completion of an approved professional educator preparation program as defined in ARM 10.57.102.  School districts receiving distance, online, and technology-delivered learning programs described in this rule shall have a distance learning facilitator for each course and available to the students.

(a) through (5) remain as proposed.

(a)  annually register, prior to delivering courses, with the Office of Public Instruction;

(b) and (c) remain as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.908  SCHOOL FACILITIES  (1) and (2) remain as proposed.

(3)  The local board of trustees shall provide for educational facilities which are functional and safe for the conduct of the educational and extracurricular activities of students, and which will meet state or and federal accessibility standards.

(4) through (6) remain as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.1001  PROGRAM STANDARDS  (1)  It is the local board of trustees' responsibility to ensure the district's curricula align with the state content standards and content-specific grade-level or grade-band learning progressions.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

10.55.1003  PROGRAM FOUNDATION STANDARDS  (1) remains as proposed.

(2)  Program foundation standards are the common conditions and practices that will be evident in all programs within a school system to ensure that all students have educational opportunity to learn, develop, and demonstrate learning in the content standards and content-specific grade-level or grade-band learning progressions.  All programs shall follow the content standards in the Administrative Rules of Montana.  The local board of trustees shall:

(a) and (b) remain as proposed.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA

IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

8. The board has thoroughly considered the comments and testimony received. A summary of the comments received, and the board's responses are as follows:

 

COMMENT 1: 36 commenters supported moving charter schools to its own section and recommended that the board allow charter schools to operate independently of existing school boards of trustees.

 

COMMENT 2: The Certification Standards and Practices Advisory Council (CSPAC), the Montana Federation of Public Employees (MFPE), Montanans Organized for Education (MOFE), and 11 commenters opposed moving charter schools to its own rule and suggested that it remain under the variances to standards section in ARM 10.55.604.

 

COMMENT 3: One commenter supported proposed New Rule I and recommended removing the language in (1)(d)(i) through (vi).

 

RESPONSE: The Board of Public Education partially agreed with Comment 1 to move the charter school language from ARM 10.55.604 to its own rule and disagreed with Comments 2 and 3.  The proposed new rule has been numbered ARM 10.55.608.

 

COMMENT 4: The Education Organizations and three commenters recommended replacing "action" with "strategic" in New Rule II and in several other sections throughout rule.

 

RESPONSE: The Board of Public Education partially agreed with Comment 4 to add the word "strategic" in New Rule II and has recommended the language read "integrated strategic action plan" in New Rule II and throughout rule.

 

COMMENT 5: CSPAC, MOFE, and four commenters recommended striking all language after the word "children" in New Rule II(1)(c) and stated that the language is aspirational and cannot be measured.

 

COMMENT 6: MFPE commented that New Rule II needs to be simplified, provide an extended implementation timeline, and assure adequate technical assistance on best practices to meet community needs.

 

RESPONSE: The Board of Public Education disagreed with Comments 5 and 6.

 

COMMENT 7: One commenter supported proposed New Rule II.

 

COMMENT 8: One commenter opposed proposed New Rule II.

 

RESPONSE: The Board of Public Education acknowledged Comments 7 and 8 and has numbered proposed New Rule II as ARM 10.55.722.

 

COMMENT 9: The Montana University System (MUS) proposed the following language in New Rule II(1)(d)(vii): "families and school staff collaborate with members of the community to connect students, families, and staff to post-secondary education opportunities including FAFSA completion, College Application Week (Apply Montana), Decision Day, and other Montana University System post-secondary workforce training and degree program efforts."

 

RESPONSE: The Board of Public Education partially agreed with Comment 9 and approved the following language in New Rule II(1)(d)(vii): families and school staff collaborate with members of the community to connect students, families, and staff to post-secondary education opportunities, including workforce training, apprenticeship opportunities, career pathways, and degree programs, and encourage students to explore college and career planning tools (including Free Application for Federal Student Aid completion) and incentives provided by post-secondary institutions.

 

COMMENT 10: CSPAC, MFPE, and three commenters supported proposed New Rule III.

 

RESPONSE: The Board of Public Education acknowledged Comment 10 and has numbered proposed New Rule III as ARM 10.55.723.

 

COMMENT 11: The Education Organizations and three commenters recommended making changes in New Rule IV and suggested the following: "(1) The local board of trustees shall ensure the completion of periodic written evaluations of all regularly employed instructional personnel who are under written contract. Employees evaluated shall have access to a copy of the evaluation instrument, the opportunity to respond in writing to the completed evaluation, and access to the employee's files. (2) The Superintendent of Public Instruction shall develop and publish model evaluation instruments that comply with this rule in collaboration with MFPE, Montana Rural Education Association, Montana School Boards Association, School Administrators of Montana, and Montana Small School Alliance. A school district adopting and using one of the model instruments shall be construed to have complied with this rule, though use of one of the models shall not be required provided that the district's evaluation instrument and process substantially conforms to the requirements set forth in this section."

 

COMMENT 12: MFPE commented that the collective bargaining agreements often specify evaluation timelines, processes, and evaluation instruments to be used and should be taken under consideration in New Rule IV.  They stated that the rule should clarify that the collective bargaining process must be followed where appropriate, and that employees be given access to the evaluation instrument being used before evaluation is conducted, and employees be given access to and copies of documents in the personnel file, and the opportunity to respond in writing.

 

RESPONSE: The Board of Public Education agreed with Comments 11 and 12 and has numbered proposed New Rule IV as ARM 10.55.724.

 

COMMENT 13: The Board Accreditation Committee recommended retaining the language in ARM 10.55.701(4)(a) and (b) that states the following: "(4) The local board of trustees shall have written policies and procedures for regular and periodic evaluation of all regularly employed personnel.  The individual evaluated shall have access to a copy of the evaluation instrument, the opportunity to respond in writing to the completed evaluation, and access to his or her files.  Personnel files shall be confidential.

(a) The evaluation system used by a school district for licensed staff shall, at a minimum:

(i) be conducted on at least an annual basis with regard to nontenure staff and according to a regular schedule adopted by the district for all tenure staff;

(ii) be aligned with applicable district goals, standards of the Board of Public Education, and the district's mentorship and induction program required under ARM 10.55.701(5)(b);

(iii) identify what skill sets are to be evaluated

(iv) include both formative and summative elements; and

(v) include an assessment of the educator's effectiveness in supporting every student in meeting rigorous learning goals through the performance of the educator's duties.

(b) The Superintendent of Public Instruction shall develop and publish model evaluation instruments that comply with this rule in collaboration with the MEA-MFT, Montana Rural Education Association, Montana School Boards Association, School Administrators of Montana, and Montana Small School Alliance. A school district adopting and using one of the model instruments shall be construed to have complied with this rule, though use of one of the models shall not be required provided that the district's evaluation instrument and process substantially conforms to the requirements set forth in this section."

 

RESPONSE: The Board of Public Education partially agreed with Comment 13 and excluded the language in New Rule IV(4)(a)(i) through (v) as it related to previous board action.

 

COMMENT 14: MFPE supported New Rule V and recommended that technical assistance be provided when needed.

 

RESPONSE: The Board of Public Education agreed with Comment 14 and encouraged those seeking technical assistance to work with the Office of Public Instruction.  The board has numbered proposed New Rule V as ARM 10.55.806.

 

COMMENT 15: The Education Organizations and three commenters recommended making changes in ARM 10.55.601 and suggested the following: "(3) To ensure a learner-centered system and establish a plan for continuous education improvement, the school district and each of its schools shall develop, implement, monitor, and evaluate continuous an integrated school improvement plans action strategic plan and make the plans plan publicly publically available. These plans shall be reviewed on a yearly basis to To align with local context and needs, the district integrated action strategic plan shall be developed updated at least every three years based on a comprehensive needs assessment with meaningful stakeholder input and feedback that comply, at a minimum, with applicable requirements in Title 2, Chapter 3, Part 1, MCA. The integrated action plan must be evaluated, and progress reviewed annually. The plan must clarify what specific steps must be taken to achieve the district graduate profile education profile and reflect a continuous improvement process. (4) Each plan shall include: (a) a school district level education level education profile of a graduate as defined in ARM 10.55.602(22); (b) the school district's educational goals pursuant to the requirements of ARM 10.55.701; the school district's and each of its school's identified area(s) of need based on an analysis of school level comprehensive needs assessment; (c) a description of planned progress toward implementing all content and program area standards, in accordance with the schedule in ARM 10.55.603; the school district's and each of school's desired outcomes that align with the district graduate profile; (d) a description of strategies for assessing student progress toward meeting all content standards, pursuant to the requirements of ARM 10.55.603 and ARM 10.56.101; and the school district's educational goals for the school district that are incorporated and made applicable to and each school within the district; pursuant to the requirements of ARM 10.55.701; (e) a professional development component, in accordance with ARM 10.55.714. a description of the district's and each school's evidence-based strategies, action steps, measures, success criteria, and evidence that are aligned with the graduate profile and will be implemented, monitored, and evaluated; (f) a description of how the district and each of its schools will meet programmatic requirements of state and federal grants; (g) a description of planned progress toward implementing all content and program area standards, in accordance with the schedule in ARM 10.55.603; (iv) (h) a description of strategies for assessing student progress toward meeting growth and proficiency of all content standards and content-specific learning progressions, pursuant to the requirements of ARM 10.55.603 and ARM 10.56.101; and (v) (i) a professional development, mentoring, induction, and evaluation components, in accordance with ARM 10.55.714, [New Rule III], and [New Rule IV];. (j) a description of strategies for family and community engagement, in accordance with [New Rule II]; (k) a description of strategies to maintain and enhance a positive school climate, in accordance with ARM 10.55.801; (l) a description of a learning model(s) aligned to the graduate profile; and (g) a description of strategies for addressing the needs of gifted and talented students in accordance with ARM 10.55.804, special education children

with disabilities in accordance with ARM 10.55.805, English learners students in accordance with [New Rule V], and other populations with individual needs at-risk students as defined in section 20-1-101, MCA. (5) The local board of trustees shall report and submit their adopted continuous integrated school improvement strategic action plan with to the Superintendent of Public Instruction. (6) The Superintendent of Public Instruction shall develop and implement procedures necessary to monitor and evaluate the effectiveness of the implementation of the continuous integrated improvement strategic action plan of each school district and its schools. (7) To ensure learner-centered systems and continuous educational improvement, the Superintendent of Public Instruction shall provide guidance, resources, and evaluation to assist in the implementation of the district and school integrated action strategic plan to improve teaching and learning outcomes for all students."

 

RESPONSE: The Board of Public Education agreed with Comment 15 and has made the necessary changes in ARM 10.55.601.

 

COMMENT 16: The Board Accreditation Committee noted that there are inconsistencies when referring to "integrated action plan" or "district action plan" and recommended remaining consistent in using "integrated action plan" throughout rule.

 

RESPONSE: The Board of Public Education withdrew their action on Comment 16, as it was related to the board's previous action in Comment 4.

 

COMMENT 17: The Board Accreditation Committee recommended reviewing the following definitions in ARM 10.55.602, as they are not used in rule:

• (7)  Class 8 license: only referenced one other time in definition (17) dual credit

• (8)  Combined elementary-high school district: only referenced one other time in definition (57) School system

• (11)  Concurrent enrollment: not referenced elsewhere in rule

• (17)  Dual credit: not referenced elsewhere in rule

• (18)  Dual enrollment: not referenced elsewhere in rule

• (24)  Independent elementary school district: only referenced in (57) School system

• (25)  Indian Education for All: not referenced elsewhere in rule

• (30)  K-12 district: not referenced elsewhere in rule

• (37)  Minimum aggregate hours: not referenced elsewhere in rule

• (39)  Misassignment: not referenced elsewhere in rule

• (41)  Offsite instructional setting: not referenced elsewhere in rule

• (42)  Online learning: not referenced elsewhere in rule

• (44)  Postsecondary and workforce readiness: not referenced elsewhere in rule

• (58)  Stakeholder engagement: not referenced elsewhere in rule

• (68)  Work-based learning: referenced in (43) Personalized learning

 

RESPONSE: The board consulted with rule reviewers in state government and was advised against adding definitions to the rule that do not appear anywhere in the rule.  It was explained there is no need to define words or phrases that are not contained within the language of the administrative rule.  After consultation, the Board of Public Education acknowledged Comment 17 and agreed to remove any terms in ARM 10.55.602 that do not appear throughout ARM Title 10, chapter 55.

 

COMMENT 18: MFPE proposed the following addition to ARM 10.55.602(5), "charter school operates under… locally elected board of trustees in an existing public school district."

 

RESPONSE: The Board of Public Education agreed with Comment 18 and made the necessary changes in ARM 10.55.602(5).

 

COMMENT 19: MFPE noted that the definition in ARM 10.55.602(7) has a citation error, as ARM 10.57.102 does not include a definition for Class 8 licenses.

 

RESPONSE: The Board of Public Education acknowledged Comment 19 and removed the term "Class 8 license" from ARM 10.55.602, as it does not appear in other rules in ARM Title 10, chapter 55.

 

COMMENT 20: The Education Organizations and three commenters recommended removing the definition for ARM 10.55.602(22) "Graduate profile," per their recommended revisions throughout rule.

 

COMMENT 21: The Board Accreditation Committee noted that there are inconsistencies with the use of "graduate profile" or "profile of a graduate" in ARM 10.55.602 and throughout rule and recommended remaining consistent throughout rule.

 

RESPONSE: The Board of Public Education disagreed with Comment 20 and acknowledged Comment 21 and retained the "graduate profile" language in ARM 10.55.602(22) and throughout rule.

 

COMMENT 22: The Education Organizations and three commenters proposed changes to the definition for ARM 10.55.602(27) "Integrated action plan" and recommended the following: "Integrated action strategic plan" means a district plan adopted by the board of trustees that: (a) is aligned with the peoples' goal in Article X, Section 1 of the Montana Constitution of developing the full educational potential of each person; (b) ensures a learner-centered system and continuous improvement that reflects local context and needs,; (c) is based on school level comprehensive needs assessment,; (d) has engaged stakeholders and addresses incorporates stakeholder input and feedback,; and (e) aligns plans across with requirements of applicable required state and federal programs."

 

RESPONSE: The Board of Public Education agreed with Comment 22 and made the necessary changes in ARM 10.55.602(27) in addition to those previously agreed upon by the board.

 

COMMENT 23: The Education Organizations and three commenters proposed changes to the definition for ARM 10.55.602(31) "Learning model" and recommended the following: "Learning model" means the learning experiences students engage in and teachers facilitate that are aligned to the desired attributes of a graduate profile. an education profile."

 

RESPONSE: The Board of Public Education agreed with the small edit in Comment 23 and made the necessary changes in ARM 10.55.602(31) in addition to those based on previous board action.

 

COMMENT 24: MFPE inquired whether there should be a definition for "grade-band."

 

RESPONSE: The Board of Public Education disagreed with Comment 24 and stated that the term "grade-band" is generally understood by the education community.

 

COMMENT 25: The Education Organizations and three commenters proposed changes to the definition for ARM 10.55.602(35) "Measure" and recommended the following: "Measure" means a way to assess the level of proficiency on a performance indicator aligned to the district graduate profile. education profile."

 

RESPONSE: The Board of Public Education acknowledged Comment 25 and made the necessary changes in ARM 10.55.602(35) based on previous board action.

 

COMMENT 26: One commenter noted that the definition for ARM 10.55.602(36) "Middle grades" is confusing.

 

RESPONSE: The Board of Public Education disagreed with Comment 26 and stated that 20-6-501, MCA, outlines the definition for middle school as grades 4-8 and junior high as grades 7-9, which is in alignment with the middle grades definition in ARM 10.55.602(36).

 

COMMENT 27: MFPE noted that ARM 10.55.602(38) "Minimum requirements" seems unnecessary and questioned where "10 or more students" was stated in the rules.

 

RESPONSE: The Board of Public Education partially agreed with Comment 27 and proposed the following definition in ARM 10.55.602: "Minimum requirement as used in ARM 10.55.606 means a group of 10 or more students for reporting valid and reliable results as it pertains to student performance."

 

COMMENT 28: MFPE recommended adding public entities to ARM 10.55.602(43)(b) "Personalized learning."

 

RESPONSE: The Board of Public Education agreed with Comment 28 and made the necessary changes in ARM 10.55.602(43)(b).

 

COMMENT 29: One commenter supported the definition for ARM 10.55.602(49) "Program area standards."

 

RESPONSE: The Board of Public Education acknowledged Comment 29 and made the necessary changes in ARM 10.55.602(49).

 

COMMENT 30: The Education Organizations and three commenters proposed changes to the definition for ARM 10.55.602(51) "Pupil instruction" and recommended the following: "Pupil instruction" as provided in section 20-1-101(17), MCA, means the conduct of organized instruction of learning opportunities for pupils enrolled in public schools while under the supervision of a teacher. learning opportunities for pupils enrolled in public schools while under the supervision of a teacher. The term includes any directed, distributive, collaborative, or work-based or other experiential learning activity provided, supervised, guided, facilitated, or coordinated under the supervision of a teacher that is conducted purposely to achieve content proficiency and facilitate the acquisition of knowledge, skills, and abilities by pupils enrolled in public schools, and to otherwise fulfill their full educational potential."

 

RESPONSE: The Board of Public Education partially agreed with Comment 30 and recommended the following definition in ARM 10.55.602: "Pupil instruction is as defined in 20-1-101, MCA."

 

COMMENT 31: The Education Organizations and three commenters proposed changes to the definition for ARM 10.55.602(52) "Pupil instruction day" and recommended the following: "Pupil instruction day" means a school day of pupil instruction when organized instruction is conducted with students under the supervision of a teacher."

 

RESPONSE: The Board of Public Education agreed with Comment 31 and made the necessary changes in ARM 10.55.602(52).

 

COMMENT 32: MFPE noted that 20-9-396, MCA, referenced in ARM 10.55.602(54)(b) "School" does not exist in statute and recommended it be struck.

 

RESPONSE: The Board of Public Education acknowledged Comment 32 and made the necessary changes in ARM 10.55.602(54)(b) to update the appropriate statute as 20-9-306, MCA.

 

COMMENT 33: The Education Organizations and three commenters proposed changes to the definition for ARM 10.55.602(57)(a), (b), and (c) "School system" and recommended the following: "combined elementary-high school district" means an elementary district and a high school district which are combined into a single school system for district administration purposes through a k-12 district, unified school system or joint board.; (b) "independent high school district" means a district organized for the purpose of providing public education for all or any combination of grades 9 through 12 that is operated independent of an elementary district; and (c) independent elementary school district" means a district organized for the purpose of providing public education for all or any combination of grades kindergarten through grade 8 that is operated independent of a high school district."

 

RESPONSE: The Board of Public Education agreed with Comment 33 and made the necessary changes in ARM 10.55.602(57).

 

COMMENT 34: The Education Organizations and three commenters proposed changes to the definition for ARM 10.55.602(58) "Stakeholder engagement" and recommended the following: "Stakeholder engagement" means a measurable, inclusive, intentional, and ongoing process of communicating to, learning from, and partnering with stakeholders to best support continuous school improvement and learning outcomes for all students. Stakeholder engagement shall satisfy, at a minimum, the applicable requirements for encouraging and facilitating public participation in Title 2, Chapter 3, Part 1, MCA."

 

COMMENT 35: MFPE noted that the definition in ARM 10.55.602(58) "Stakeholder engagement" involves continuous engagement, ongoing, measurable, etc., and stated that these requirements will take more time for proper implementation.

 

RESPONSE: The Board of Public Education acknowledged Comments 34 and 35 and removed the term "Stakeholder engagement" from ARM 10.55.602, as it does not appear in other rules in ARM Title 10, chapter 55.

 

COMMENT 36: The Education Organizations and three commenters proposed changes to the definition for ARM 10.55.602(62) "Student performance standards" and recommended the following: "Student performance standards" means minimum standards of a quality education, which measures the measurement of student performance and proficiency on annual state level summative assessments and graduation rates used to determine the accreditation status of a school."

 

RESPONSE: The Board of Public Education agreed with Comment 36 and made the necessary changes in ARM 10.55.602(62).

 

COMMENT 37: MFPE recommended adding a reference to public service and public workplace settings to ARM 10.55.602(68) "Work-based learning."

 

RESPONSE: The Board of Public Education acknowledged Comment 37 and removed the term "Work-based learning" from ARM 10.55.602, as it does not appear in other rules in ARM Title 10, chapter 55.

 

COMMENT 38: CSPAC and one commenter recommended the board consider available resources and training to support school districts as they implement requirements for proficiency-based learning in ARM 10.55.603.

 

RESPONSE: The Board of Public Education agreed with Comment 38 and stated that the Office of Public Instruction should ensure there are relevant and timely professional development opportunities available on the Teacher Learning Hub to support the new proficiency-based learning requirements in ARM 10.55.603.

 

COMMENT 39: One commenter supported replacing "parents" with "families" in ARM 10.55.603(4)(a).

 

RESPONSE: The Board of Public Education agreed with Comment 39 and has made the necessary changes in ARM 10.55.603.

 

COMMENT 40: MFPE suggested reconsideration of the proposed due date for an application for a variance in ARM 10.55.604(1)(c) and stated it could be a reaction to a shortage or inability to hire, rather than a plan to meet or exceed standards through a creative approach.

 

RESPONSE: The Board of Public Education disagreed with Comment 40 and stated that the proposed changes in ARM 10.55.604 provide additional flexibility for school districts to seek a variance to standard.

 

COMMENT 41: MFPE opposed the removal of the "joint endorsement of reviewed board members" and recommended retaining the groups in ARM 10.55.604(1)(d)(i) and recommended MACIE be included to review and recommend the tribal council representative.

 

COMMENT 42: MFPE opposed the deletion of language related to seeking advice from a pool of experts in ARM 10.55.604(1)(d)(ii)(A) through (C).

 

RESPONSE: The Board of Public Education disagreed with Comments 41 and 42 and has adopted the proposed revisions in ARM 10.55.604.

 

COMMENT 43: Northwest Montana Association of School Superintendents (NWMASS) supported the variance to standards process in ARM 10.55.604 to assist and provide flexibilities with hard-to-fill positions.

 

COMMENT 44: One commenter shared concern with the appointment process outlined in ARM 10.55.604(1)(d)(i) and stated there could be political bias.

 

RESPONSE: The Board of Public Education acknowledged Comments 43 and 44 and has adopted the proposed revisions in ARM 10.55.604 based on previous board action.

 

COMMENT 45: One commenter proposed the elimination of ARM 10.55.604(1)(a).

 

RESPONSE: The Board of Public Education disagreed with Comment 45 and stated that the application process is important to the variance to standards process in ARM 10.55.604.

 

COMMENT 46: The Education Organizations, MFPE, and three commenters proposed changes to ARM 10.55.605 and recommended the following: "(1) Accredited with distinction means the school has met the assurance standards, exceeded student performance standards as defined in ARM 10.55.606, and met the licensure endorsement requirements related to teaching assignments. A copy of the Accreditation Status Criteria Reference Guide must be made publicly available by the Superintendent of Public Instruction. Three consecutive years in the accredited with distinction status allows the local board of trustees to waive assurance standards for the school for three years remain accredited with distinction thereafter solely on the basis of whether the school continues to exceed student performance standards as defined in ARM 10.55.606 performance from year to year thereafter. If the school ceases to exceed student performance standards, the accreditation of such school will be determined through standards applicable to initial accreditation."

 

RESPONSE: The Board of Public Education acknowledged Comment 46 and has made the necessary revisions in ARM 10.55.604 based on previous board action.

 

COMMENT 47: Eight commenters opposed the new category "(1) Accredited with Distinction" in ARM 10.55.605 and stated that the distinction category goes above the requirement for minimum standards.

 

COMMENT 48: MFPE opposed the three years on probation and stated that is too long and recommended a revision in ARM 10.55.605(3).

 

RESPONSE: The Board of Public Education agreed with Comments 47 and 48 and has made the necessary changes in ARM 10.55.605 to retain the current language.  The board stated that revisions to ARM 10.55.605 will require additional changes to be made to ARM 10.55.606 to ensure common language.

 

COMMENT 49: The Board Accreditation Committee stated that there are inconsistencies in the "accredited with probation" and "accredited on probation" language in ARM 10.55.605 and recommended remaining consistent by using "accredited with probation" throughout rule.

 

RESPONSE: The Board of Public Education acknowledged Comment 49 and has made the necessary revisions in ARM 10.55.605 based on previous board action.

 

COMMENT 50: The Board Accreditation Committee commented that ARM 10.55.605 needs more work.  There are major concerns from the committee on numerous areas. Worth noting are removing the nonaccredited status language in (9), the ability for a board of trustees to waive assurance standards in (1), and the new names and levels of accreditation.  Potential changes in this rule will also require changes in ARM 10.55.606.

 

RESPONSE: The board discussed the proposed revisions to ARM 10.55.605 at the January 2023 meeting noting that the revisions to ARM 10.55.601 make the accreditation process more robust.  Additionally, 20-9-311, MCA, refers to "non accredited" status, so that category cannot be removed from rule, as it directly relates to average number belonging.  Board members stated that revisions to this rule could be made in the future, but with little research provided regarding the reason for the proposed revisions, or examples of how other states are handling school accreditation processes, now was not the time to make these changes.  The Board of Public Education agreed with Comment 50 and has made the necessary changes in ARM 10.55.605 to retain the current language.  The board stated that revisions to ARM 10.55.605 will require additional changes to be made to ARM 10.55.606 to ensure common language.

 

COMMENT 51: One commenter opposed the language in ARM 10.55.606(3) through (7).

 

RESPONSE: The Board of Public Education disagreed with Comment 51 and stated that this language is important as it outlines the accreditation process in ARM 10.55.605.

 

COMMENT 52: The Education Organizations and three commenters proposed changes to ARM 10.55.701 and recommended the following: "(2) Each school district shall make available to the staff and public: (a) goals that reflect the district's strategic plan of education an integrated strategic action plan that includes a graduate profile an education profile as outlined in ARM 10.55.601; (b) sequential K-12 curriculum for each program area that aligns to the content standards, specific grade-level grade band learning progressions, and program area standards; (c) policies establishing student assessment procedures that ensure evaluation of the district's curriculum and student learning. These procedures shall specify how and when data are to be collected, analyzed, and reported; and (d) policies that delineate policies providing descriptions of the roles and responsibilities of the local board of trustees, superintendent, and personnel employed by the school district. (e) a policy addressing grievances for students, families, staff, and stakeholders. (f) any other policies required by state or federal law."

 

RESPONSE: The Board of Public Education agreed with Comment 52 and recommended that the Superintendent of Public Instruction keep a public list of policies required by state and federal requirements in ARM 10.55.701.

 

COMMENT 53: The Education Organizations and three commenters proposed changes to ARM 10.55.701 and recommended the following: "(3)(a) keep parents/guardians up to date on students' progress; implement family and community engagement strategies as found in [New Rule II]; and (ii) (b) engage in a continuous school improvement process that is aligned with the school district's integrated strategic plan; and. (b) establish mentoring and induction programs to assist licensed staff in meeting teaching standards as defined in ARM 10.55.701(4)(a) and (b). (4) The local board of trustees shall develop, with stakeholder input, a district mission and vision an integrated strategic plan to which that aligns to the district graduate profile education profile is aligned. (5) The local board of trustees with meaningful stakeholder involvement shall establish and implement such additional policies as the board deems necessary that: (a) provide for the safety and well-being of all students and staff;".

 

RESPONSE: The Board of Public Education agreed with Comment 53 and has made the necessary changes in ARM 10.55.701.

 

COMMENT 54: MFPE and three commenters recommended retaining the language in ARM 10.55.701(2)(e) through (s).

 

COMMENT 55: One commenter opposed the proposed revisions to eliminate the requirement that school boards adopt policies pertaining to bullying, academic freedom, due process, materials selection, Indian Education for All, suicide prevention, emergency plans, etc.

 

COMMENT 56: Six commenters opposed the proposed revisions and stated that required policies should be listed in rule.

 

RESPONSE: The Board of Public Education acknowledged Comments 54 through 56 and made the necessary changes in ARM 10.55.701 based on previous board action.

 

COMMENT 57: MFPE noted that the proposed rules regarding superintendent duties do not align with requirements in current Educator Preparation Program Standards.

 

RESPONSE: The Board of Public Education disagreed with Comment 57, as the duties currently listed in ARM 10.55.702 are very similar to those stipulated in 20-4-402, MCA.

 

COMMENT 58: MFPE noted that the proposed rules regarding principal duties do not align with requirements in current Educator Preparation Program Standards.

 

RESPONSE: The Board of Public Education agreed with Comment 58 and has made the necessary revisions in ARM 10.55.703 to retain the current language.  The board agreed to include the proposed changes made to internships in (1)(b) and the additional language in the last sentence, which would read, "(3) The principal shall carry out the district's policies and procedures, provide instructional leadership that allows for personalized and proficiency-based learning models, engage in strategic planning and school improvement, intentionally engage families and community members, ensure a positive school climate, and be responsible for the effective day-to-day operation of the school, including the management of finances, materials, and human resources to maximize student learning outcomes."

 

COMMENT 59: CSPAC, MFPE, the Education Organizations, and 87 commenters opposed the proposed revisions in ARM 10.55.704 and recommended retaining the ratios for superintendents.

 

RESPONSE: The board received extensive public comment on the proposed revisions from the Superintendent in ARM 10.55.704.  The board held a lengthy discussion at the November 2022 meeting on this section of rule, and ultimately determined that by removing the ratios as proposed by the Superintendent, the standards were at risk of no longer complying with the guarantee, provided by the Constitution, of a basic system of free quality public education.  Based upon these discussions, the Board of Public Education agreed with Comment 59 and voted unanimously to retain the current language in ARM 10.55.704.

 

COMMENT 60: The Board Accreditation Committee recommended removing ARM 10.55.704(1)(a) through (c) and stated that this language is already referenced in statute, which is referenced in (1).

 

RESPONSE: The Board of Public Education acknowledged Comment 60 and made the necessary changes in ARM 10.55.704 based on previous board action in Comment 59.

 

COMMENT 61: CSPAC, MFPE, the Education Organizations, and 95 commenters opposed the proposed revisions in ARM 10.55.705 and recommended retaining the ratios for principals.

 

RESPONSE:  The Board of Public Education agreed with Comment 61 and has made the necessary changes in ARM 10.55.705 to retain the ratios contained in the current language.

 

COMMENT 62: The Board Accreditation Committee stated that ARM 10.55.705 needs work and that they are unclear of the differences in (1) and (2).

 

RESPONSE: The Board of Public Education acknowledged Comment 62 and made the necessary changes in ARM 10.55.705 based on previous board action in Comment 61.

 

COMMENT 63: The Education Organizations and three commenters proposed changes to ARM 10.55.706 and recommended the following: "(1) Teachers should shall use their professional judgment and measures of student growth and proficiency to provide engaging and highly effective deliver high-quality pupil instruction to all students based on individual need."

 

RESPONSE: The Board of Public Education agreed with Comment 63 and has made the necessary changes in ARM 10.55.706.

 

COMMENT 64: MFPE, the Education Organizations, and 55 commenters opposed the proposed revisions in ARM 10.55.708 and recommended retaining the language in this rule regarding teaching assignments.

 

RESPONSE: The board held a discussion at the November 2022 meeting regarding the proposed revisions from the Superintendent for ARM 10.55.708.  Board members discussed the importance of teacher preparation time and ultimately determined that it is important to retain time for teachers to prepare.  The Board of Public Education agreed with Comment 64 and has made the necessary changes in ARM 10.55.708.

 

COMMENT 65: CSPAC, Montana House Democrats, MOFE, NWMASS, the Education Organizations, and 1,044 commenters opposed the proposed revisions in ARM 10.55.709 and recommended retaining the ratios for school librarians.

 

COMMENT 66: MFPE opposed ARM 10.55.709 as proposed and supported restoring the staffing ratios and retaining the requirement that the library be housed in a central location.

 

RESPONSE: At the November 2022 meeting, board members discussed the proposed revisions from the Superintendent to remove the ratios for librarians. Board members expressed concerns not with the removal of the ratios, but that there is nothing outlining how these changes would be implemented, no processes have been developed to implement the changes, and members expressed their concerns over how the standards would be met.  Board members noted their support of librarians and the important role they play in Montana's public schools.  The Board of Public Education agreed with Comments 65 and 66 and has made the necessary changes in ARM 10.55.709 to retain the current language.

 

COMMENT 67: The Board Accreditation Committee noted that ARM 10.55.709 needs work and stated that the language in (2) does not require any action from the local board of trustees, and therefore recommended that the board approve language that requires the local board of trustees take action to provide library services personnel.

 

RESPONSE: The Board of Public Education acknowledged Comment 67 and has made the necessary changes in ARM 10.55.709 based on previous board action.

 

COMMENT 68: One commenter supported reducing the ratio for school librarians to 250:1 in ARM 10.55.709.

 

RESPONSE: The Board of Public Education disagreed with Comment 68 and has made the necessary changes in ARM 10.55.709.

 

COMMENT 69: One commenter supported the proposed revisions in ARM 10.55.709.

 

COMMENT 70: One commenter opposed striking language in ARM 10.55.709(1) and noted that this removed the responsibility of having a library in each school.

 

RESPONSE: The Board of Public Education acknowledged Comments 69 and 70 and has made the necessary changes in ARM 10.55.709 based on previous board action.

 

COMMENT 71: CSPAC, Montana House Democrats, MOFE, MFPE, NWMASS, the Education Organizations, the Missoula County Public Schools Counselor Leadership Team, and 1,273 commenters opposed the proposed revisions in ARM 10.55.710 and recommended retaining the ratios for school counselors.

 

RESPONSE: The board discussed comments pertaining to ARM 10.55.710 at the November 2022 meeting.  Board members raised concerns that there is not a plan to implement the proposed revisions at the local school district level.  After public comment and board discussion, the Board of Public Education agreed with Comment 71 and has made the necessary changes in ARM 10.55.710 to retain the current language.

 

COMMENT 72: 34 commenters supported reducing the ratio for school counselors (300:1, 250:1) in ARM 10.55.710.

 

RESPONSE: The Board of Public Education disagreed with Comment 72 and has made the necessary changes in ARM 10.55.710.

 

COMMENT 73: The Board Accreditation Committee noted that ARM 10.55.710 needs work and stated that the language in (2) does not require any action from the local board of trustees, and therefore recommended that the board approve language that requires the local board of trustees take action to provide library services personnel.

 

COMMENT 74: One commenter supported the proposed revisions in ARM 10.55.710.

 

RESPONSE: The Board of Public Education acknowledged Comments 73 and 74 and has made the necessary changes in ARM 10.55.710 based on previous board action.

 

COMMENT 75: CSPAC, MOFE, MFPE, and 59 commenters opposed the proposed revisions in ARM 10.55.712 and recommended retaining the requirement for instructional aides.

 

RESPONSE: The Board of Public Education partially agreed with Comment 75 and has made the following changes to the language in ARM 10.55.712: "The school district must provide additional assign qualified human resources that comply with all fingerprint and background check requirements when exceeding maximum class sizes at a rate Instructional aides are mandatory when class size or teacher load exceed the standards. An instructional aide shall be assigned a minimum of 1 1/2 hrs per day, per student overload. up to six hours."

 

COMMENT 76: Seven commenters supported the proposed revisions in ARM 10.55.712 and recommended the following language: "The school district must provide additional and competent human resources when exceeding the maximum class size."

 

RESPONSE: The Board of Public Education disagreed with Comment 76 and stated that this language is unclear.

 

COMMENT 77: The Board Accreditation Committee stated that the "human resources" language in ARM 10.55.712(5) is unclear in terms of who and what would qualify as a human resource, and recommended the following language: "The school district must provide additional assign qualified human resources that comply with all fingerprint and background check requirements when exceeding maximum class sizes."

 

RESPONSE: The board held a lengthy discussion regarding Comment 77 discussing the proposed change from "instructional aid" to "human resources" when determining when a background check is required, as well as the proposed elimination of the 1 1/2-hour requirement per student overload for when an additional person is required in the classroom due to a class size overload. Members stated concerns over removing the sideboards of having the 1 1/2-hour requirement that is eliminated in the Superintendent's proposal.  The Board of Public Education partially agreed with Comment 77 by agreeing with the proposed "human resource" language, but reinstating the 1 1/2-hour requirement per student and has recommended the following language in ARM 10.55.712: "The school district must provide additional assign qualified human resources that comply with all fingerprint and background check requirements when exceeding maximum class sizes at a rate Instructional aides are mandatory when class size or teacher load exceed the standards. An instructional aide shall be assigned a minimum of 1 1/2 hrs per day, per student overload. up to six hours."

 

COMMENT 78: The Education Organizations and three commenters proposed changes to this rule and recommended the following in ARM 10.55.714: "(1)(a) shall be aligned with the district graduate profile education profile and educational goals outlined in the district integrated action strategic plan described in ARM 10.55.601 and objectives; (b) shall be provided to address safety, well-being, and mental health of students and staff;"

 

RESPONSE: The Board of Public Education agreed with Comment 78 and has made the necessary changes in ARM 10.55.714.

 

COMMENT 79: MFPE supported the proposed revisions in ARM 10.55.714.

 

RESPONSE: The Board of Public Education acknowledged Comment 79 and has made the necessary revisions in ARM 10.55.714 based on previous board action.

 

COMMENT 80: The Education Organizations and three commenters proposed changes to this rule and recommended the following in ARM 10.55.715: "(1)(a)… The designated professional has the responsibility to provide regularly scheduled communication and direction to the instructional paraprofessional and not to delegate any activity to the instructional paraprofessional that requires professional skill, knowledge, and judgment reserved to licensed teachers."

 

RESPONSE: The Board of Public Education disagreed with Comment 80 and stated that the proposed language could be too restrictive.

 

COMMENT 81: MFPE supported the proposed revisions in ARM 10.55.715.

 

RESPONSE: The Board of Public Education agreed with Comment 81 and has made the necessary revisions in ARM 10.55.715.

 

COMMENT 82: MFPE supported the proposed revisions in ARM 10.55.716.

 

RESPONSE: The Board of Public Education agreed with Comment 82 and has made the necessary revisions in ARM 10.55.716.

 

COMMENT 83: MFPE supported the proposed revisions in ARM 10.55.717.

 

RESPONSE: The Board of Public Education agreed with Comment 83 and has made the necessary revisions in ARM 10.55.717.

 

COMMENT 84: MFPE supported the proposed revisions in ARM 10.55.718.

 

RESPONSE: The Board of Public Education agreed with Comment 84 and has made the necessary revisions in ARM 10.55.718.

 

COMMENT 85: The Education Organizations and three commenters proposed changes to this rule and recommended the following in ARM 10.55.721: "(1) A local board of trustees shall adopt a policy addressing a school safety plan or emergency operations plan. The plan required by this rule shall be periodically reviewed with stakeholder input and updated as determined necessary by the trustees based on changing circumstances pertaining to school safety.  Nothing in this rule shall be construed to require disclosure of elements of a school safety plan protected from public disclosure under the safety and security exceptions set forth in section 2-6-1003, MCA."

 

RESPONSE: The Board of Public Education agreed with Comment 85 and has made the necessary revisions in ARM 10.55.721.

 

COMMENT 86: MFPE supported the proposed revisions in ARM 10.55.721.

 

RESPONSE: The Board of Public Education acknowledged Comment 86 and has made the necessary revisions in ARM 10.55.721 based on previous board action.

 

COMMENT 87: MFPE supported the proposed revisions in ARM 10.55.801.

 

RESPONSE: The Board of Public Education agreed with Comment 87 and has made the necessary revisions in ARM 10.55.801.

 

COMMENT 88: The Education Organizations and three commenters proposed changes to this rule and recommended the following in ARM 10.55.802: "(1) It is the purpose of the accreditation standards to guarantee equality of educational opportunity and to respect the dignity of every person in accordance with Article II, Section IV of the Montana Constitution and federal law regardless of race, color, sex, culture, social origin or condition, or political or religious ideas, without with prejudice of any kind toward none. This includes, but is not limited to, programs, facilities, educational materials, curriculum, counseling, library services, and extracurricular activities."

 

RESPONSE: The Board of Public Education agreed with Comment 88 and has made the necessary revisions in ARM 10.55.802.

 

COMMENT 89: The Board Accreditation Committee stated that the language under ARM 10.55.803(1)(a) is not consistent and recommended the following changes: "(1)(a) high quality instruction provided by a qualified educator that meets each of the following criteria: (i) students are engaged engages students in authentic learning experiences that tie to their interests; (ii) students are all included includes students in activities and given equal opportunity;".

 

RESPONSE: The Board of Public Education agreed with Comment 89 and has made the necessary revisions in ARM 10.55.803.

 

COMMENT 90: MFPE supported the proposed revisions in ARM 10.55.804.

 

RESPONSE: The Board of Public Education agreed with Comment 90 and has made the necessary revisions in ARM 10.55.804.

 

COMMENT 91: MFPE supported the proposed revisions in ARM 10.55.901.

 

RESPONSE: The Board of Public Education agreed with Comment 91 and has made the necessary revisions in ARM 10.55.901.

 

COMMENT 92: CSPAC, MFPE, MOFE, and 113 commenters opposed the proposed changes in ARM 10.55.902 to remove required elective offerings for middle grades.

 

RESPONSE: The board discussed the proposed revisions to ARM 10.55.902 and the public comments received concerning ARM 10.55.902 at the January 2023 meeting.  Board members expressed concerns about removing electives that students enjoy, specifically CTE courses, and that it is important for students to have access to a wide variety of electives.  Board members discussed the Student Engagement Panel the previous day, noting that the students all said elective courses are important to them and that they should remain.  The Board of Public Education agreed with Comment 92 and has made the necessary changes in ARM 10.55.902 to retain the current language.

 

COMMENT 93: The Education Organizations and three commenters proposed changes to this rule and recommended the following in ARM 10.55.902: "10.55.902  BASIC EDUCATION PROGRAM: MIDDLE GRADES JUNIOR HIGH SCHOOL, 7TH AND 8TH GRADE PROGRAM, OR MIDDLE SCHOOL  (1)  A school district's junior high school, 7th and 8th grade program, or middle school that complies with the requirements of this rule shall be accredited by the Board of Public Education in such capacity, according to the school district's compliance through a junior high school, 7th and 8th grade program, or middle school. To earn accreditation for its junior high school, 7th and 8th grade program, or middle school, the school district A school with middle grades must have an education program aligned to the program area standards that enables all students to meet the content standards and content specific grade-level grade-band learning progressions and recognizes the distinct and unique cultural heritages of American Indians."

 

RESPONSE: The Board of Public Education agreed with Comment 93 and has made the necessary revisions in ARM 10.55.902.

 

COMMENT 94: One commenter supported adding native languages in ARM 10.55.902.

 

COMMENT 95: One commenter supported adding computer science in ARM 10.55.902.

 

RESPONSE: The Board of Public Education acknowledged Comments 94 and 95 and has made the necessary revisions in ARM 10.55.902 based on previous board action.

 

COMMENT 96: The MUS supported adding the following language to ARM 10.55.904(2)(j): "1/2 unit of economics or financial literacy (including instruction about the importance of FAFSA completion) within the 3 units of social studies, the 3 units of mathematics, or the 2 units of career and technical education."

 

RESPONSE: The Board of Public Education disagreed with Comment 96 and has retained the language as proposed in ARM 10.55.904.

 

COMMENT 97: Two commenters supported the proposed revisions in ARM 10.55.905 to add 1/2 unit of financial literacy for graduation.

 

COMMENT 98: MFPE supported the proposed revisions in ARM 10.55.905.

 

COMMENT 99: One commenter supported the proposed revisions in ARM 10.55.905 to add 1/2 unit of civics for graduation.

 

RESPONSE: The Board of Public Education agreed with Comments 97 through 99 and has made the necessary revisions in ARM 10.55.905.

 

COMMENT 100: The MUS supported adding the following language to ARM 10.55.905(2)(h): "1/2 unit of economics or financial literacy (including instruction about the importance of FAFSA completion) within the 3 units of social studies, the 3 units of mathematics, or the 2 units of career and technical education."

 

RESPONSE: The Board of Public Education disagreed with Comment 100 and has retained the language as proposed in ARM 10.55.905.

 

COMMENT 101: One commenter noted that the addition of civics and economics in ARM 10.55.905 does not go far enough.

 

COMMENT 102: One commenter expressed the need for more electives in ARM 10.55.905 for students to choose from.

 

RESPONSE: The Board of Public Education acknowledged Comments 101 and 102 and has made the necessary revisions in ARM 10.55.905 based on previous board action.

 

COMMENT 103: The Education Organizations and three commenters proposed changes to this rule and recommended the following in ARM 10.55.906: "(1)(a) A unit of credit is defined as the equivalent of at least 8100 minutes for one year or equivalent proficiency without regard to time or demonstration of an equivalent course that meets the district's curriculum and assessment requirements, which are aligned with each of the content standards."

 

RESPONSE: The Board of Public Education agreed with Comment 103 and has made the necessary revisions in ARM 10.55.906.

 

COMMENT 104: MFPE opposed the removal of the requirement that teachers of distance, online, and technology-delivered courses receive a license granted because of the completion of an accredited professional educator preparation program in ARM 10.55.907(3) and recommended that the proposed rule be amended to comply with the provisions of current rule in (5)(a), (b), and (c).

 

RESPONSE: The Board of Public Education partially agreed with Comment 104 to retain the language in ARM 10.55.907(3) and update the reference from "accredited" to "approved."

 

COMMENT 105: The Board Accreditation Committee noted that this rule needs some cleanup and recommended striking "taught" in ARM 10.55.907(3).

 

COMMENT 106: The Board Accreditation Committee suggested the following changes in ARM 10.55.907: "(5) Digital content providers serving Montana schools accredited by the Board of Public Education shall: (a) annually, by the first Monday in August, register, prior to delivering courses, with the Office of Public Instruction;".

 

RESPONSE: The Board of Public Education agreed with Comments 105 and 106 and has made the necessary revisions in ARM 10.55.907.

 

COMMENT 107: MFPE supported the proposed revisions in ARM 10.55.908.

 

RESPONSE: The Board of Public Education agreed with Comment 107 and has made the necessary revisions in ARM 10.55.908.

 

COMMENT 108: The Board Accreditation Committee noted that a school district does not have the discretion to decide whether they want to follow state or federal accessibility standards; rather they are required to follow both, and recommended the following language to be consistent with previous language in ARM 10.55.908: "(3) The local board of trustees shall provide for educational facilities which are functional and safe for the conduct of the educational and extracurricular activities of students, and which will meet state or and federal accessibility standards."

 

RESPONSE: The Board of Public Education acknowledged Comment 108 and has made the necessary revisions in ARM 10.55.908 based on previous board action.

 

COMMENT 109: MFPE supported the proposed revisions in ARM 10.55.1001.

 

RESPONSE: The Board of Public Education agreed with Comment 109 and has made the necessary revisions in ARM 10.55.1001.

 

COMMENT 110: CSPAC, MOFE, and 18 commenters supported adding ratio requirements for special education teachers (30:1) in ARM Title 10, chapter 55.

 

RESPONSE: The Board of Public Education disagreed with Comment 110 and stated that this proposal was not discussed during the Negotiated Rulemaking process; therefore, it would not be considered at this time.

 

COMMENT 111: The Board Accreditation Committee recommended retaining "specific grade level" language when referring to grade-band and suggested the following changes throughout rule: "specific grade-level or grade-band."

 

RESPONSE: The Board of Public Education agreed with Comment 111 and has made the necessary revisions throughout ARM Title 10, chapter 55, while acknowledging that some proposed revisions related to "specific grade-level or grade-band" may have been approved while responding to previous comments.  This comment should supersede others related to "specific grade-level or grade-band."

 

COMMENT 112: Two commenters supported the proposed changes in ARM Title 10, chapter 55.

 

COMMENT 113: 55 commenters opposed the proposed changes in ARM Title 10, chapter 55.

 

RESPONSE: The Board of Public Education acknowledged Comments 112 and 113 and has made the necessary revisions in ARM Title 10, chapter 55 based on previous board action.

 

            9. The rules adopted, amended, repealed, and transferred in this notice are effective July 1, 2023.

 

 

/s/ McCall Flynn                                           /s/ Madalyn Quinlan                       

McCall Flynn                                                Madalyn Quinlan

Rule Reviewer                                             Chair

                                                                     Board of Public Education

 

Certified to the Secretary of State March 14, 2023.