Montana Administrative Register Notice 10-64-281 No. 24   12/22/2017    
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In the matter of the amendment of

ARM 10.64.301 pertaining to school bus requirements











TO: All Concerned Persons


1. On January 19, 2018, the Board of Public Education proposes to amend the above-stated rule.


2. The Board of Public Education will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Public Education no later than 5:00 p.m. on January 8, 2018, to advise us of the nature of the accommodation that you need. Please contact Peter Donovan, Executive Secretary, 46 North Last Chance Gulch, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0302; fax (406) 444-0847; or e-mail pdonovan@mt.gov.


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


            10.64.301 SCHOOL BUS REQUIREMENTS (1) The Board of Public Education adopts and incorporates the Standards for School Buses in Montana – 2017 (as amended). A copy of this document is available from the Office of Public Instruction, Pupil Transportation Division, P.O. Box 202501, Helena, Montana 59620-2501 and is available at the following web address: http://opi.mt.gov/Leadership/Management-Operations/Legal-Division/Administrative-Rules-Notices-Standards


            (2) remains the same.


AUTH: 20-2-121, MCA

IMP:     20-10-111, MCA    


            4. REASON:  The Board of Public Education adopted Standards for School Buses in Montana – 2017 with an effective date of October 14, 2017.  Since that time, bus contractors and districts have been working to install the required crossing control arms.  They have found that the crossing control arms are more expensive than what was originally quoted and there are ongoing maintenance concerns with the arms.  For these reasons the board wishes to make this requirement permissive rather than mandatory.  The Bus Standards have been amended to reflect this change. 


            5. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Peter Donovan, Executive Secretary, 46 North Last Chance Gulch, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0302; fax (406) 444-0847; or e-mail pdonovan@mt.gov and must be received no later than 5:00 p.m., January 19, 2018.


6.  If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Peter Donovan at the above address no later than 5:00 p.m., January 8, 2018.


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


            8. Peter Donovan has been designated to preside over and conduct this hearing.


            9. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the board.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the board.


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


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



/s/ Peter Donovan                                        /s/ Sharon Carroll

Peter Donovan                                             Sharon Carroll

Rule Reviewer                                              Board Chair

                                                                     Board of Public Education


            Certified to the Secretary of State December 11, 2017.

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