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 December 6, 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, new matter underlined, deleted matter interlined:

 

10.54.1010  DEADLINES FOR APPLICATIONS AND ANNUAL REPORTS

(1)  For applications submitted for transformational learning aid in 2019, the following deadlines apply:

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

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

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

(a) (d)  for all other fiscal years, the opening date for applications and for submission of annual reports is October 1, 2019 the first Monday of December each year; and

(b) (e) the closing date for applications and for submission of annual reports is November 1, 2019 the second Monday of January each year following the opening date.

(2) remains the same.

 

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

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

 

REASON: The board proposes to amend the rule to standardize the application and annual report deadlines for both aid programs. 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 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., December 20, 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., December 20, 2019.

 

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

 

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

 

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

 

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

 

 

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

Pete Donovan                                             Dr. Darlene Schottle

Executive Director                                      Chair

Board of Public Education                           Board of Public Education

 

Certified to the Secretary of State November 12, 2019.