BEFORE THE BOARD OF PUBLIC EDUCATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 10.54.1010 pertaining to deadlines for applications and annual reports

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

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

 

2. The board will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Board no later than 5:00 p.m. on October 18, 2019, to advise us of the nature of the accommodation that you need. Please contact Pete Donovan, Executive Director, 46 N. Last Chance Gulch, Suite 2B, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0300; fax (406) 444-0847; or e-mail pdonovan@mt.gov.

 

3. The rule as proposed to be amended provides as follows:

 

10.54.1010  DEADLINES FOR APPLICATIONS AND ANNUAL REPORTS

(1)  remains the same.

(2)  For applications submitted for advanced opportunity aid, the following deadlines apply:

(a)  The opening date for applications and for submission of annual reports is the first Monday of December each year; and

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

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, MCA, Chapter 279, L. 2019, Chapter 402, L. 2019

IMP: Mont. Const. Art. X, sec. 9, Chapter 279, L. 2019, Chapter 402, L. 2019

 

REASON: The board proposes to amend the rule to meet the requirement in HB 387 (2019) (Chapter 279, Laws of 2019) that the board establish by rule the deadlines for applications. The Superintendent of Public Instruction recommended the proposed deadlines to the board, after consultation with statewide education organizations, because the deadlines provide a reasonable time for school districts to prepare and file applications and annual reports. The deadlines provide a reasonable time for review and qualification of the applications and annual reports prior to distribution of funds. The deadlines also account for local school districts to include in their budgets any permissive levy. The Superintendent of Public Instruction determined that the proposed deadlines are administrative in nature and, thus, the negotiated rulemaking process was unnecessary.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Pete Donovan, Executive Director, Board of Public Education, 46 N. Last Chance Gulch, Suite 2b, P.O. Box 200601, Helena, Montana, 59635; telephone (406) 444-0300; fax (406) 444-0847; or e-mail pdonovan@mt.gov, and must be received no later than 5:00 p.m., November 1, 2019.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Pete Donovan at the above address no later than 5:00 p.m., November 1, 2019.

 

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

 

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

 

8. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by phone on September 24, 2019.

 

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

 

 

/s/ Pete Donovan                                        /s/ Dr. Darlene Schottle                

Pete Donovan                                             Dr. Darlene Schottle

Executive Director                                       Chair

Rule Reviewer                                             Board of Public Education

 

Certified to the Secretary of State September 24, 2019.