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 | ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) | NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION, AMENDMENT, REPEAL, AND TRANSFER |
TO: All Concerned Persons
1. On October 31, 2022, at 9:00 a.m., the Board of Public Education will hold a public hearing in Room 152 of the Montana State Capitol Building, in Helena, Montana, to consider the proposed adoption, amendment, repeal, and transfer of the above-stated rules.
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 Board of Public Education no later than 5:00 p.m. on October 28, 2022, to advise us of the nature of the accommodation that you need. Please contact McCall Flynn, Executive Director, Board of Public Education, 46 N Last Chance Gulch, Suite 2B, P.O. Box 200601, Helena, MT 59620-0601; telephone (406) 444-0300; fax (406) 444-0847; or e-mail bpe@mt.gov.
3. The rules as proposed to be adopted provide as follows:
NEW RULE I CHARTER SCHOOL APPLICATION (1) A school district with the approval of an existing local board of trustees may apply to the Board of Public Education through the Superintendent of Public Instruction to form a charter school.
(a) A charter school must provide an education that meets or exceeds the requirements of the Montana Constitution, state law, and student performance standards.
(b) The Board of Public Education may only grant charters to publicly funded schools or programs under the supervision and control of an existing locally elected board of trustees in an existing school district.
(c) The procedure by which a school district may apply to create a charter school and by which the Board of Public Education may approve, deny, evaluate, and renew a charter school shall be identical to that outlined in ARM 10.55.604.
(d) To be proposed by an existing local board of trustees and approved by the Board of Public Education, a charter school shall, at a minimum, guarantee the following:
(i) school district governance and control;
(ii) unrestricted, open student access;
(iii) compliance with all health and safety laws;
(iv) teacher licensure and endorsement to the same extent as required or provided by state law or accreditation standards;
(v) employee collective bargaining to the same extent as required or provided by state law; and
(vi) a plan for consideration of input by community members and staff as to formation and implementation issues. Consideration of input may be identified by formation of advisory committees involving staff and/or community members, conduct of a properly noticed public meeting for purposes of comment on the formation or operation of the charter school, or any other reasonable means that result in an opportunity for input by staff and community members prior to a decision of significant interest to the public regarding the formation or operation of the charter school.
(e) Charter school applications must comply with statutory criteria, assurance standards pertaining to ARM Title 10, chapter 55, subchapter 6, General Provisions, ARM 10.55.601 through 10.55.606, ARM 10.57.114, ARM 10.55.719 through 10.55.721, or subchapter 8, Educational Opportunity, ARM 10.55.801 through [New Rule V], assurance standards pertaining to educator licensure or endorsement, student performance standards, and content standards as defined by the Board of Public Education and provided in guidance from the Superintendent of Public Instruction.
(f) A school district may discontinue an approved charter school at any time. If it does so, it shall promptly notify the Board of Public Education in writing.
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 II FAMILY AND COMMUNITY ENGAGEMENT (1) The local board of trustees shall implement a comprehensive family and community engagement plan that:
(a) is aligned to the district integrated action plan required in ARM 10.55.601;
(b) includes effective engagement practices that are linked to relational, developmental, collaborative, and interactive learning;
(c) recognizes that family and school staff have a shared responsibility in the learning of their child(ren) as evidenced by the following core beliefs:
(i) families have dreams for their children and want the best for them;
(ii) all families have the capacity to support their children's learning;
(iii) family and school staff are partners; and
(iv) the responsibility for cultivating and sustaining an inviting and inclusive climate rests primarily with school staff; and
(d) meets the following goals:
(i) families actively participate in the life of the school and are welcomed, valued, and connected to each other, to school staff, and to what students are learning and doing in class;
(ii) families and school staff engage in regular, two-way meaningful communication about student learning;
(iii) families and school staff continuously collaborate to support student learning and healthy development both at home and at school and have regular opportunities to strengthen their knowledge and skills to do so effectively;
(iv) families and school staff are empowered to advocate for children, to ensure that students are treated equitably and have access to learning opportunities that will support their success;
(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.
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 MENTORSHIP AND INDUCTION (1) The local board of trustees shall implement a mentorship and induction program as outlined in the integrated action plan described in ARM 10.55.601 that:
(a) is research-based to ensure inclusion of high-impact professional learning strategies;
(b) is implemented to assist initial licensed and incoming educators in meeting teaching standards embedded in the district evaluation framework outlined in [New Rule IV];
(c) supports initial licensed and incoming teachers' planning, implementation, and assessment of instruction aligned to the program area and content standards and content-specific learning progressions;
(d) supports initial licensed and incoming teachers to establish and maintain a positive classroom climate; and
(e) encourages continuous learning, reflection, and growth.
(2) The mentorship and induction program may include the following criteria:
(a) provide training for mentors through the Montana Teacher Learning Hub, professional organizations, or other professional development opportunities;
(b) prioritize mentor-mentee matches that are grade and subject-level aligned;
(c) focus on research-based instructional practice;
(d) engage with mentoring partners in professional collaboration; and
(e) establish effective coaching for learning methods.
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 EVALUATION (1) The local board of trustees shall ensure written evaluations of all regularly employed instructional personnel.
(2) The local board of trustees shall implement an evaluation component as outlined in the integrated 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
NEW RULE V ENGLISH LEARNERS (1) Districts shall provide educational services to help English learners become proficient in English and meet state standards by creating high level language instruction programs, professional development, and family outreach.
(2) Each district shall comply with all federal and state laws and regulations addressing English learners.
(3) Each district shall identify students who are eligible for language assistance, provide a sound program of instruction, assess their English proficiency annually, and notify parents of their initial placement in, progress within, and exit from the language program.
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
4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
10.55.601 ACCREDITATION STANDARDS: PROCEDURES (1) and (2) remain the same.
(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 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 plan shall be developed every three years based on a comprehensive needs assessment with meaningful stakeholder input and feedback. 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.
(a) (4) Each plan shall include:
(i) (a) a school district level education profile of a graduate as defined in ARM 10.55.602(22);
(b) 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) the school district's and each of school's desired outcomes that align with the district graduate profile;
(ii) (d) the school district's educational goals for the school district and each school within the district; pursuant to the requirements of ARM 10.55.701;
(e) 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;
(iii) (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
(m) a description of strategies for gifted and talented in accordance with ARM 10.55.804, special education in accordance with ARM 10.55.805, English learners in accordance with [New Rule V], and other populations with individual needs.
(b) (5) The local board of trustees shall report and submit their adopted continuous integrated school improvement action plan with to the Superintendent of Public Instruction.
(c) (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 action plan of each school district and its schools.
(4) (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 district and school integrated action plans to improve teaching and 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) remains the same.
(2) "Assessment" means the gathering, organizing, and evaluation of information about student learning progression, growth, and proficiency in order to monitor and measure the effectiveness of the instructional program.
(3) remains the same.
(a) Subchapter 6, General Provisions, ARM 10.55.601 through 10.55.607 [New Rule I];
(b) Subchapter 7, School Leadership, ARM 10.55.701 through 10.55.719 [New Rule IV];
(c) Subchapter 8, Academic Requirements Educational Opportunity, ARM 10.55.801 through 10.55.805 [New Rule IV];
(d) Subchapter 9, Educational Opportunity Academic Requirements, ARM 10.55.901 through 10.55.910; and
(e) Subchapter 10, Program Area Standards, ARM 10.55.1001 through 10.55.1003 10.55.2301.
(4) remains the same.
(5) "At-risk student" means any student who is affected by environmental conditions that negatively impact the student's educational performance or threaten a student's likelihood of promotion or graduation, as defined in 20-1-101(4), MCA.
(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 school district.
(6) "Class 6 specialist" means a person with a Class 6 specialist license in a nonteaching role of school psychologist or school counselor.
(6)(7) "Class 8 license" means an educator license as defined in ARM 10.57.102.
(7)(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) "Community engagement" means the partnership between members of the community and schools that may share resources and volunteer to support student well-being and learning development.
(10) "Comprehensive needs assessment" means a process that is used to identify district and school area(s) of need, the root causes of identified gaps, set priorities, and inform an action plan for improvement.
(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.
(8)(12) "Content standard" means what all students should know, understand, and be able to do in a specific content area.
(9)(13) "Corrective plan" means a systematic procedure and timeline for resolving deviations from regular accreditation when a school has an accredited with probation status.
(10)(14) "Deviation" means a citation of noncompliance with any given standard.
(11)(15) "Digital content provider" means an entity, organization, or individual registered pursuant to ARM 10.55.907 offering K-12 educational content for distance, online, and technology-delivered programs and courses.
(12)(16) "Distance learning" means instruction in which students and teachers are separated by time and/or, location, or both with synchronous or asynchronous content, instruction, and communication between student and teacher. This instruction may consist of learning opportunities provided through online (Internet-based) and other emerging technologies.
(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.
(13)(18) "Dual enrollment/dual credit" means opportunities for high school students to be enrolled in high school and postsecondary courses at the same time. There are three categories of such opportunities:
(a) "College credit only" means students receive college credit for courses taken from a postsecondary institution but do not receive high school credit. Students may or may not be taking these courses during the school day.
(b) "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 faculty member must have an appropriate K-12 license and endorsement in the subject taught or a Class 8 license.
(c) "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.
(14)(19) "Endorsement" means an official indication on a license of the subject area(s) and/or, specialized program area(s), or both for which the holder of the license is authorized to practice in Montana accredited schools.
(15)(20) "Facilitator" means the individual assigned to monitor distance, online, and technology-delivered learning programs pursuant to ARM 10.55.907. The facilitator may be an instructional paraprofessional as long as there is a licensed teacher providing the instruction.
(21) "Family engagement" means a partnership with shared responsibility among families, educational staff, and community groups to promote each student's learning, well-being, and development of full educational potential during their entire K-12 experience.
(22) "Graduate profile" means a learner centered model(s) based on a shared vision of learner attributes that students should have when they graduate.
(23) "Graduation rate" means a calculation based on the four-year adjusted cohort graduation rate for all students and for each student group.
(16)(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.
(17)(25) "Indian Education for All" means the constitutionally declared policy of this state to recognize the distinct and unique cultural heritage heritages of American Indians and to be committed in its educational goals to the preservation of their cultural heritage heritages. Implementation of these requirements ensures:
(a) every Montanan, Indian or non-Indian, is encouraged to learn about the distinct heritage heritages and contributions of Montana tribal groups and governments in a culturally responsive manner; and
(b) every educational agency shall must work cooperatively with Montana tribes to provide means by which school personnel will gain an understanding of and appreciation for American Indian people.
(18)(26) "Instructional paraprofessional" means school or district personnel whose positions are instructional in nature and who work under the direct supervision of licensed school personnel. The supervising licensed school personnel are responsible for:
(a) the design, implementation, and assessment of learner progress; and
(b) the evaluation of the effectiveness of learning programs and related services for children.
(27) "Integrated action plan" means a district plan that ensures a learner centered system and continuous improvement that reflects local context and needs, is based on school level comprehensive needs assessment, incorporates stakeholder input and feedback, and aligns plans across required state and federal programs.
(19)(28) "Intensive assistance" means a required process for schools in continuous or serious deficiency accreditation accredited with probation status. Such schools have failed to develop or implement an approved corrective plan to remedy accreditation deviations within the designated timeline.
(20)(29) "Internship" as provided for in ARM 10.55.607 10.57.114 means an agreement between a fully licensed Class 1, 2, or 3 educator, the school district, and a Montana accredited educator preparation program. Internships are permitted in endorsement areas approved by the Board of Public Education in ARM 10.57.412 and 10.57.413 10.57.414 through 10.57.419.
(21)(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) "Learning model" means the learning experiences student engage in and teachers facilitate that are aligned to the desired attributes of a graduate profile.
(22)(32) "Learning progression" means the specific performance expectations in each content area at each and grade-level grade-band from kindergarten through grade 12.
(23)(33) "Licensure" means a certificate certification issued or applied for under 20-4-101, et seq., MCA. of an educator/specialist as issued by the state of Montana, based on completion of an approved educator preparation program. Licensure indicates grade level(s), endorsement(s), and classification.
(24)(34) "Literacy" means constructing and validating knowledge in specific content areas which includes interpretation and learning with language, numeracy, and media learning to read, write, speak, listen, and use language effectively.
(35) "Measure" means a way to assess the level of proficiency on a performance indicator aligned to the district graduate profile.
(25)(36) "Middle grades" means grades 4 through 9.
(26)(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 does do not include lunch time and periods of unstructured recess, as defined in 20-1-101, MCA.
(27)(38) ʺMinimum requirementʺ means groups of 10 or more students.
(28)(39) "Misassignment" means a licensed educator/specialist teaching outside their endorsed teaching area(s) and/or level (elementary K-8 and secondary 5-12).
(29) "Nonaccredited status" means previously accredited school which failed to meet the requirements of intensive assistance and is out of compliance with the Board of Public Education standards of accreditation.
(30)(40) "Nonlicensed" means a person who does not hold a current Montana educator license, except for a person for whom an emergency authorization of employment has been issued under the provisions of 20-4-111, MCA.
(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.
(31)(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) "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, 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.
(32)(45) "Principal" means a person who holds a valid Montana Class 3 educator license with an applicable principal endorsement and who is employed by a district as a principal, or who is enrolled in a Board of Public Education approved principal internship program under ARM 10.55.607 10.57.114.
(46) "Professional development" means adult learning that increases educator effectiveness and learning outcomes for all students.
(47) "Proficiency-based learning" means systems of instruction, assessment, and academic reporting that are based on students demonstrating that they have learned the knowledge and skills as outlined in the state content standards.
(48) "Proficient" means that a student demonstrated a level of knowledge and skills that are expected to be learned signaling that a student is well prepared to progress on the learning continuum aligned to the content standards, learning progressions, and necessary readiness skills.
(33)(49) "Program area standards" means the subject matter Montana school districts are required to offer and the strategies and proven practices used to instruct. The program area standards include English language arts, arts, health enhancement and physical education, mathematics, science, social studies, career and technical education, technology integration, workplace competencies, computer science, library media and information literacy, world languages, and school counseling.
(34)(50) "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 grade-band learning progressions.
(51) "Pupil instruction" means the conduct of organized instruction of learning opportunities for pupils enrolled in public schools while under the supervision of a teacher.
(35)(52) "Pupil instruction day" means a school day when organized instruction is conducted with students under the supervision of a teacher.
(36)(53) "Pupil instruction-related (PIR) day" means days of teacher activities devoted to improving the quality of instruction. The activities may include, but are not limited to in-service training, attending state meetings of teacher organizations, and conducting parent conferences.
(37)(54) "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, 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.
(38)(55) "School administrator" means a person who is a part of the school's administrative or supervisory staff and who holds a Class 3 license and is appropriately endorsed, or who is enrolled in a Board of Public Education approved administrator internship program under ARM 10.55.607 10.57.114.
(39)(56) "School district" means the territory, regardless of county boundaries, organized under the provisions of Title 20, MCA to provide public educational services under the jurisdiction of the local board of trustees. A high school district may encompass all or parts of the territory of one or more elementary districts. "School district" shall refers to all state-funded special purpose schools that are accredited under this chapter.
(40)(57) "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.;
(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; 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.
(41) "Specialist" means a person with a Class 6 Specialist license in a nonteaching role of school psychologist or school counselor.
(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) "Stakeholders" means community members who may be involved and invested in districts, schools, programs, and outcomes for students. Stakeholders include students, families, educators, leaders, business and community leaders, taxpayers, and the many partners who support them.
(42)(60) ʺState accountability systemʺ means federally mandated academic measures and Montana defined flex indicator(s) within the annual meaningful differentiation process and the other state defined indicators.
(61) "Student growth" means changes in student learning as measured from one point in time to another as determined by state or local measures, or both. The federal accountability system uses a growth model to demonstrate student learning across time as measured by statewide assessments.
(43)(62) "Student performance standards" means minimum standards of a quality education, which measures the measurement of student performance proficiency on annual state level summative assessments and graduation rates used to determine the accreditation status of a school.
(44)(63) "Superintendent" means a person who holds a valid Montana Class 3 educator license, with an applicable superintendent's endorsement and who is employed by a district as a district superintendent, or who is enrolled in a Board of Public Education approved superintendent internship program under ARM 10.55.607 10.57.114.
(45)(64) "Synchronous" means occurring at the same time. "Synchronous" refers to instruction and communication between participants (i.e., students and teachers) that occurs at the same time even though they may be in different physical locations. For example, instruction in which students and teachers are online at the same time so that a question can be immediately answered (e.g., telephone calls, face-to-face meetings, physical classrooms, chat rooms, and videoconferencing).
(46)(65) "Teacher" means a person, except a district superintendent, who holds a valid Montana educator license issued by the Superintendent of Public Instruction under the policies adopted by the Board of Public Education and who is employed by a district as a member of its instructional, supervisory, or administrative staff. This definition of a teacher includes a person for whom an emergency authorization of employment has been issued under the provisions of 20-4-111, MCA.
(47)(66) "Technology-delivered learning" means instruction and content digitally delivered via digital technologies. (e.g., online, CD-ROM, DVD-ROM, or learning experiences that involve primarily the use of computers).
(48)(67) "Variance to standard" means an alternate approach to meeting or exceeding the minimum standards.
(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) Local school districts shall ensure their develop and implement a proficiency-based learning model that includes curriculum is aligned to all content standards and the appropriate learning progression progressions for each grade level.
(2) School districts shall maintain review, update, and align their learning programs consistent with following or after the state's schedule for revising standards.
(3) School districts shall assess the progress of all students students' progression, growth, and proficiency of toward achieving content standards and content-specific grade-level grade-band learning progressions in each program area as aligned with the district assessment plan in (5). The district shall use multiple measures assessment results, including state-level achievement information obtained by administration of assessments pursuant to ARM 10.56.101 to examine the educational learning program and measure its effectiveness.
(a) The examination of program effectiveness using assessment results shall include current students and be supplemented with information about graduates and other students no longer in attendance.; and
(b) the information obtained shall be considered in curriculum and assessment development.
(4) For content standards in all program areas pursuant to the requirements of ARM 10.55.602, school districts shall:
(a) establish curriculum and assessment development processes as a cooperative effort of personnel licensed and endorsed in the program area and trustees, administrators, other teachers, students, specialists, parents families, community members, and, when appropriate, tribal representatives and state resource people staff;
(b) review curricula at least every five years or consistent with the state's standards revision schedule, and modify, as needed, to meet the educational goals of the continuous school improvement integrated 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 continuous school improvement integrated action plan pursuant to ARM 10.55.601; and
(d) review curricula and instructional materials and resources to ensure the inclusion of the distinct and unique cultural heritage heritages and contemporary portrayal of American Indians.
(5) The school district shall develop and implement its an assessment plan that details progression, growth, and proficiency, promotes demonstrations of student learnings, and used to measure measures student progress ensuring alignment to the local curriculum in all program areas pursuant to ARM 10.56.101.
(a) The assessment plan shall be included in the continuous school improvement integrated 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 progress growth and proficiency of in achieving content standards and content-specific grade-level 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 progress in achieving growth and proficiency of content standards and appropriate content-specific grade-level grade-band learning progressions in all program areas.
(d) remains the same.
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
10.55.604 VARIANCES TO STANDARDS (1) A local board of trustees may apply to the Board of Public Education through the Superintendent of Public Instruction to implement a variance to a an assurance standard or a section of assurance standards, excluding standards stating statutory criteria, standards pertaining to educator licensure or endorsement, and content standards as defined by the Board of Public Education and provided in guidance from the Superintendent of Public Instruction.
(a) In its application, the local board of trustees shall outline how and why its proposed variance would be workable, educationally sound, and designed to meet or exceed results under established standards and, where applicable, aligned with program standards under ARM 10.55.1101 through 10.55.1901 10.55.2201.
(b) In its application, the school district shall provide evidence through official minutes of the board of trustees that local school community stakeholders were involved in the consideration and development of the proposed variance to an assurance standard or a section of assurance standards. Stakeholder groups include trustees, administrators, teachers, classified school staff, parents families, community members, and students as applicable. A district shall provide evidence it adopted its application for variance at an official, properly noticed meeting of its board of trustees.
(c) An application for variance to an assurance standard or a section of assurance standards to take effect at the beginning of the academic year is due in writing to the Superintendent of Public Instruction no later than the first second Monday in March October for the current academic year. An application for variance to standards to take effect the second semester of the academic year is due in writing to the Superintendent of Public Instruction no later than the first Monday in July.
(d) Upon receipt, the Superintendent of Public Instruction shall refer applications for variance to an assurance standard standards or a section of assurance standards to a pre-appointed review board. The Superintendent of Public Instruction shall facilitate and provide organizational support for the meetings of the review board.
(i) The review board shall consist of the following, appointed by the Superintendent of Public Instruction and approved by the Board of Public Education from a list of qualifying individuals jointly endorsed by MEA-MFT, Montana Rural Education Association (MREA), Montana Small Schools Alliance (MSSA), School Administrators of Montana (SAM), and Montana School Boards Association (MTSBA): one trustee, one district superintendent, one high school principal, one elementary principal, two high school teachers, and two elementary school teachers, one tribal council representative, and one family or community representative.
(ii) As needed, the review board shall seek advice from experts.
(A) The Superintendent of Public Instruction shall solicit a pool of experts from curriculum groups and educational associations to serve "on call" in an advisory capacity.
(B) The Superintendent of Public Instruction shall notify the review board of the pool participants with rationale and present them for review board approval.
(C) The review board shall notify the Superintendent of Public Instruction when and what type of experts are needed.
(D) The Superintendent of Public Instruction shall notify the appropriate pool of experts of this needed input and arrange for the pool member(s) to advise the committee.
(iii)(ii) The review board members shall serve five-year terms with no limit to the number of terms any one person may serve. Terms shall be staggered where half of all positions shall be filled every three years prior to the first meeting of the review board in the third year.
(e) The review board shall review all applications and use a uniform rubric, made available to districts in advance of applying to implement a variance to a an assurance standard or a section of assurance standards. The uniform rubric will ensure consistent and high quality high-quality applications from school districts across Montana.
(f) through (h) remain the same.
(2) The Board of Public Education shall approve or deny proposed variances to an assurance standard or a section of assurance standards. If the board denies a proposed variance to an assurance standard or a section of assurance standards, it shall remit in writing to the applicant school district why it has done so.
(3) If the Board of Public Education approves a proposed variance to an assurance standard or a section of assurance standards, it shall initially do so for no more than two years pending ongoing review of the implementation by the Superintendent of Public Instruction.
(4) Following the second year of implementation of a variance to an assurance standard or a section of assurance standards, the school district shall provide evidence to the Superintendent of Public Instruction that the methods selected by the district implement, meet, or exceed results that could have been achieved under established standards.
(5) through (7) remain the same.
(8) If the Superintendent of Public Instruction finds the variance to an assurance standard or a section of assurance standards is not working as intended or does not meet or exceed results that could be achieved under established standards, the superintendent shall recommend to the Board of Public Education that the variance be revoked.
(9) and (10) remain the same.
(11) A school district may apply to the Board of Public Education through the Superintendent of Public Instruction to create a charter school.
(a) A charter school must provide an education that meets or exceeds the requirements of the Montana Constitution, state law, and school accreditation standards.
(b) The Board of Public Education may only grant charters to publicly funded schools or programs under the supervision and control of a locally elected board of trustees in an existing school district.
(c) The procedure by which a school district may apply to create a charter school and by which the Board of Public Education may approve, deny, evaluate, and renew a charter school shall be identical to that outlined in ARM 10.55.604.
(d) To be proposed by a school district and approved by the Board of Public Education, a charter school shall, at a minimum, guarantee the following:
(i) school district governance and control;
(ii) unrestricted, open student access;
(iii) compliance with all health and safety laws;
(iv) teacher licensure and endorsement to the same extent as required or provided by state law or accreditation standards;
(v) employee collective bargaining to the same extent as required or provided by state law; and
(vi) a plan for consideration of input by community members and staff as to formation and implementation issues. Consideration of input may be identified by formation of advisory committees involving staff and/or community members, conduct of a properly noticed public meeting for purposes of comment on the formation or operation of the charter school, or any other reasonable means that result in an opportunity for input by staff and community members prior to a decision of significant interest to the public regarding the formation or operation of the charter school.
(e) A school district may discontinue an approved charter school at any time. If it does so, it shall promptly notify the Board of Public Education in writing.
(ii) unrestricted, open student access;
(iii) compliance with all health and safety laws;
(iv) teacher licensure and endorsement to the same extent as required or provided by state law or accreditation standards;
(v) employee collective bargaining to the same extent as required or provided by state law; and
(vi) a plan for consideration of input by community members and staff as to formation and implementation issues. Consideration of input may be identified by formation of advisory committees involving staff and/or community members, conduct of a properly noticed public meeting for purposes of comment on the formation or operation of the charter school, or any other reasonable means that result in an opportunity for input by staff and community members prior to a decision of significant interest to the public regarding the formation or operation of the charter school.
(e) A school district may discontinue an approved charter school at any time. If it does so, it shall promptly notify the Board of Public Education in writing.
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 which may be found A copy of the Accreditation Status Criteria Reference Guide must be made publicly available by the Superintendent of Public Instruction. at: http://opi.mt.gov/Portals/182/Page%20Files/School%20Accreditation/Standards%20of%20Accreditation/Appendix%20Files/B/Endorsement%20Codes.pdf?ver=2019-09-04-130721-823.
(2) Regular with minor deviation accreditation means the school does not meet all the requirements of regular accreditation outlined in (1) and delineated in the Accreditation Status Criteria Reference Guide, a copy of which may be found at: http://opi.mt.gov/Portals/182/Page%20Files/School%20Accreditation/Standards%20of%20Accreditation/Appendix%20Files/A/Accreditation%20Status%20Criteria%20Reference%20Guide.pdf?ver=2019-06-13-113341-203.
(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(7), 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, a copy of which may be found at: http://opi.mt.gov/Portals/182/Page%20Files/School%20Accreditation/Standards%20of%20Accreditation/Appendix%20Files/A/Accreditation%20Status%20Criteria%20Reference%20Guide.pdf?ver=2019-06-13-113341-203.
(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) remains the same.
(2) Assurance standards are comprised of the following subchapters in ARM Title 10, chapter 55:
(a) Subchapter 6, General Provisions, ARM 10.55.601 through 10.55.607 [New Rule I];
(b) Subchapter 7, School Leadership, ARM 10.55.701 through 10.55.719 [New Rule IV];
(c) Subchapter 8, Academic Requirements Educational Opportunity, ARM 10.55.801 through 10.55.805 [New Rule V];
(d) Subchapter 9, Educational Opportunity Academic Requirements, ARM 10.55.901 through 10.55.910 10.55.911; and
(e) Subchapter 10, Program Area Standards, ARM 10.55.1001 through 10.55.1003 10.55.2301.
(3) Student performance standards are comprised of measures required under ARM 10.56.101(3) and other measures described in the state accountability system, defined in ARM 10.55.602, recommended by the state superintendent and approved by the Board of Public Education (BPE).
(a) BPE The Board of Public Education shall annually review the minimum requirement, defined in ARM 10.55.602, for reporting valid and reliable student group results and to protect student privacy based on the recommendation of the State Superintendent of Public Instruction.
(b) The State Superintendent of Public Instruction shall recommend to the BPE Board of Public Education modifications to the student performance standards after consultation with representative stakeholders.
(4) and (5) remain the same.
(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) remains the same.
(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 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, 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 descriptions of the roles and responsibilities of the local board of trustees, superintendent, and personnel employed by the school district. The local board of trustees shall review these policies on a regular basis;
(e) policy on student, parent, and school employee due process rights;
(f) policies addressing bullying, hazing, intimidation, and harassment of students and meeting the requirements in ARM 10.55.719;
(g) an equity policy;
(h) a transfer policy for determining the appropriate placement of incoming students;
(i) an academic freedom policy;
(j) a materials selection policy, including a challenge procedure, for all curricular and support materials;
(k) a copyright policy;
(l) a policy that defines the use of school facilities and resources;
(m) comprehensive family engagement policy aligned to meet the following goals:
(i) families actively participate in the life of the school and feel welcomed, valued, and connected to each other, to school staff, and to what students are learning and doing in class;
(ii) families and school staff engage in regular, two-way meaningful communication about student learning;
(iii) families and school staff continuously collaborate to support student learning and healthy development both at home and at school and have regular opportunities to strengthen their knowledge and skills to do so effectively;
(iv) families are empowered to be advocates for their own and other children, to ensure that students are treated equitably and have access to learning opportunities that will support their success;
(v) families and school staff partner in decisions that affect children and families and together inform, influence, and create 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;
(n) a policy incorporating the distinct and unique cultural heritage of American Indians, ensuring integration of the history and contemporary portrayals of Indians, and that is aligned with district goals;
(o) a policy addressing distance, online, and technology-delivered learning as defined in ARM 10.55.602;
(p) a policy, procedure, or plan addressing suicide prevention and response as outlined in ARM 10.55.720;
(q) a policy addressing hazard and emergency plans as outlined in ARM 10.55.721;
(r) a policy that defines a significant writing program; and
(s) a policy that addresses student health issues that arise in the school setting.
(3) The local board of trustees shall have valid, written contracts with all regularly employed licensed administrative, supervisory, and teaching personnel.
(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.
(5)(3) The local board of trustees shall:
(a) establish conditions that contribute to a positive school climate which:
(i) (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; 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 that aligns to the district graduate profile.
(5) The local board of trustees with meaningful stakeholder involvement shall establish and implement policies that:
(a) provide for the safety and well-being of all students;
(b) emphasize student learning and each student's growth;
(c) allow for personalized and proficiency-based learning models; and
(d) establish other policies for the effective operation of the school district.
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
10.55.702 LICENSURE AND DUTIES OF DISTRICT ADMINISTRATOR – DISTRICT SUPERINTENDENT (1) and (1)(a) remain the same.
(b) considered appropriately assigned if the superintendent is enrolled in an internship program as defined in ARM 10.55.602 and meets the requirements of ARM 10.55.607 10.57.114.
(2) and (3) remain the same.
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 (1)(a) remain the same.
(b) be considered appropriately assigned if the principal is enrolled in an internship as defined in ARM 10.55.602 and meets the requirements of ARM 10.55.607 10.57.114.
(2) remains the same.
(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.
(e) No individual superintendent assigned pursuant to the ratios in (1) may be assigned as more than 1.0 FTE.
(2) (4) 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 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 use their professional judgment and measures of student growth and proficiency to provide engaging and highly effective deliver high-quality instruction to all students based on individual need.
(2) remains the same.
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
10.55.707 TEACHER AND SPECIALIST LICENSURE (1) and (1)(a) remain the same.
(b) considered appropriately assigned if enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.55.607 10.57.114.
(2) remains the same.
(3) School psychologists shall be licensed under ARM 10.57.432(1) or 10.57.433 and 10.57.434, or considered appropriately assigned if they are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.55.607 10.57.114.
(4) and (4)(a) remain the same.
(b) considered appropriately assigned if they hold a Class 1 or 2 license and are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.55.607 10.57.114.
(5) remains the same.
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) Teachers shall be assigned at the levels and in the subjects for which they are licensed and endorsed, unless they are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.55.607 10.57.114.
(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, a copy of which may be found at: http://www.opi.mt.gov/pdf/ Accred/Ch55/Appendices.pdf.
(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 the same.
(5) The school district must provide additional human resources when exceeding maximum class sizes. 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) An overload of six or more five students per classroom is not allowed considered excessive.
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 action plan described in ARM 10.55.601 and objectives;
(b) shall be provided to address safety, well-being, and mental health of students;
(b)(c) focuses on teachers as central to student learning and includes all other members of the school community;
(c)(d) focuses on individual, collegial, and organizational learning, reflection, and growth improvement;
(d)(e) respects and nurtures the intellectual and leadership capacity of teachers, principals, and others in the school community by incorporating active learning and adult learning theory;
(e)(f) reflects proven research and demonstrates models of effective practice in teaching, learning, and leadership;
(f)(g) enables teachers to develop further experience in subject content, teaching strategies, uses of technologies, and other essential elements in teaching to high standards;
(g)(h) promotes continuous inquiry and improvement embedded in daily life of schools offers opportunities for feedback and reflection;
(h)(i) is ongoing and sustained;
(i)(j) is planned collaboratively by those who will participate in and facilitate that development;
(j)(k) requires substantial time, and other resources, and where practical provides coaching and expert support;
(l) is job-embedded to encourage teachers to meet, share, collaborate, and grow their practice;
(k)(m) is driven by a coherent long-term plan; and
(l)(n) is evaluated on the impact of professional development on teacher effectiveness and student learning, and the results of this assessment guides subsequent professional development.
(2) remains the same.
(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 action plan outlined in ARM 10.55.601.
(a) The advisory committee shall include, but not be limited to, trustees, administrators, and teachers. A majority of the committee shall be teachers.
(b) Each school year the local board of trustees shall adopt a professional development plan embedded in the district integrated action plan for the subsequent school year based on the recommendation of the advisory committee.
(c) through (h) remain the same.
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
10.55.715 INSTRUCTIONAL PARAPROFESSIONALS: QUALIFICATIONS AND SUPERVISION (1) remains the same.
(b) (a) Instructional paraprofessionals assigned to assist students with special education needs shall be under the supervision of the teacher or other professional designated as primarily responsible for instructional planning for the student. 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.
(c) (b) Instructional paraprofessionals assigned to assist students in gaining specialized knowledge not generally available from a properly endorsed teacher shall be supervised by a teacher licensed at the proper level. The supervising teacher is responsible for instruction and assessment of students and shall not be simultaneously assigned to another teaching duty or preparation time.
AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, MCA
IMP: Mont. Const. Art. X, sec. 9, 20-2-121, MCA
10.55.716 SUBSTITUTE TEACHERS (1) through (4)(b) remain the same.
(c) The district may accept the report of a previous fingerprint-based background check if it is submitted by a Montana university or college for a student currently or formerly enrolled in an accredited Montana professional educator program or from a public or nonpublic state-accredited school that previously employed the substitute. The report shall not be accepted if it was completed more than two years prior to the date of submission.
(d) The district shall consider the information obtained from the results of the fingerprint-based background check under the provisions of Title 37, chapter 1, part 2, MCA, governing the licensure of criminal offenders and under 20-4-110, MCA. Conviction, including conviction following a plea of nolo contendere, a conviction in which the sentence is suspended or deferred, or any other adjudication treated by the court as a conviction, may be considered by the district as grounds for removal from the classroom if the conviction was for a sexual offense, theft, or any other crime meeting the criteria of Title 37, chapter 1, part 2, MCA.
(5) Sections (2), (3), and (4) may be waived by the local board of trustees in whole or in part, if the nonlicensed substitute has previous teaching or substitute teaching experience in a Montana-accredited public school prior to November 28, 2002 and who has continued to substitute yearly thereafter.
AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-4-102, 20-7-101, MCA
IMP: Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-4-102, 20-7-101, MCA
10.55.717 ASSIGNMENT OF PERSONS PROVIDING INSTRUCTION TO BRAILLE STUDENTS (1) No licensed or classified employee of a school district, cooperative, or any contracted service provider shall be assigned to provide instruction of Braille to a student or produce Braille materials who has not demonstrated competency in "contracted" (grade two) standard literary Braille code by:
(a) successful completion of the National Literary Braille Competency Test successful completion of a program, for teaching visually impaired students, from an approved educator preparation program as defined in ARM 10.57.102; or
(b) successful completion of the Braille competency test developed by Portland State University (Braille Literacy Usage Exam) National Certification in Unified English Braille Test and maintenance of that certificate; or
(c) successful completion of Library of Congress transcriber's certificate the Unified English Braille Exam (Washington State School for the Blind) and ongoing maintenance; or
(d) successful completion of a program, for teaching visually impaired students, from an accredited college or university successful completion of the Literary Braille Transcribing Course available through the National Federation of the Blind.
(2) The employing agency (school district and/or cooperative) is responsible for:
(a) monitoring appropriate assignment of personnel under (1);
(b) assuring personnel working towards certification are making adequate gains in their coursework; and
(c) assuring maintenance of certification.
(3) through (6) remain the same.
(7) If a paraprofessional, who has not successfully met the requirements found in (1), is assigned to work with a student who has a visual impairment, the paraprofessional will be supervised by the district's designated special education teacher in collaboration with a teacher of the visually impaired who holds a credential from an accredited university approved educator preparation program as defined in ARM 10.57.102. In addition, the assigned paraprofessional and the school district shall meet the requirements contained in (1) within two years of the date a student with a visual impairment has been identified as in need of Braille instruction and/or materials.
AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
IMP: Mont. Const. Art. X, sec. 9, 20-1-121, 20-2-121, 20-3-106, 20-7-101, 20-7-475, MCA
10.55.718 ASSIGNMENT OF PERSONS PROVIDING SIGN LANGUAGE INTERPRETING FOR STUDENTS WHO ARE DEAF OR HARD OF HEARING
(1) through (4) remain the same.
(5) Employees who have met the requirements in (1) and who seek to remain eligible to work as educational sign language interpreters are responsible for documenting a completion of 12 clock hours of professional development and/or Office of Public Instruction renewal professional development units per calendar year related to the improvement of educational interpreting, performance, and knowledge skills. Such individuals will provide documentation of completion to their employing school district, cooperative, or contracting agency.
(6) remains the same.
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.
(2) remains the same.
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
10.55.801 SCHOOL CLIMATE (1) through (1)(b) remain the same.
(c) offer programs and services which, in content and presentation, endeavor to be free of stereotyping in terms of Article II, Section IV of the Montana Constitution and federal law age, sex, religion, race, national origin with prejudice toward none, or handicapping condition;
(d) through (f) remain the same.
(g) encourage the active involvement of parents, families, and guardians in their children's education and in their school; and
(h) provide opportunities for parents, families, guardians, educators, and members of the community to take active roles in developing and reviewing district and school educational goals.; and
(i) measure school climate through a valid and reliable tool to understand student, staff, family, and community perceptions of climate in their school and make data-driven decisions about programs and practices that could improve school climate.
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 regardless of race, color, sex, culture, social origin or condition, or political or religious ideas, with prejudice toward none. This includes, but is not limited to, programs, facilities, educational materials, curriculum, counseling, library services, and extracurricular activities.
AUTH: Montana Constitution, Article II, Section 4, Mont. Const. Art. II, sec. 4, Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA
IMP: Montana Constitution, Article II, Section 4, 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) Equal opportunity to learn is a primary consideration of all program areas, at all levels. In order to integrate this concept throughout the education program, the local board of trustees shall develop and implement processes that ensure each learner has access to the following: for assessing the educational needs of its students.
(a) high quality instruction provided by a qualified educator that meets each of the following criteria:
(i) students are engaged in authentic learning experiences that tie to their interests;
(ii) students are all included in activities and given equal opportunity;
(iii) uses formative and interim assessments to guide instruction;
(iv) supports student metacognition, self-assessment, and reflection; and
(v) provides opportunities for individual self-direction and decision making;
(b) rigorous learning activities that are complex, engaging, can be accessed by all learners, and match student interests;
(c) standards aligned curriculum and instructional materials that are place based, culturally diverse, honor differences among learners, reflect authentic historical and contemporary portrayals of American Indians, and include opportunity for choice and voice;
(d) technology hardware and software appropriate to support individual student learning;
(e) time for learning that includes opportunities for multiple modalities, collaboration in a variety of configurations, and student discussion;
(f) supportive learning environment that provides a safe physical space for learning, furniture and other fixtures that provide adequate space for students to fully engage in learning activities, is accessible to all learners, regardless of physical limitations; and
(g) other resources, such as after school programming, tutoring, paraprofessionals, counselors, librarians and libraries, and support staff.
(2) In implementing curriculum in all program areas, the local board of trustees shall:
(a) provide learning experiences matched to student's' interests, readiness, and learning styles;
(b) recognize individual and cultural diversity and differences among learners, including American Indians. Cultural and language differences should be viewed as valuable and enriching resources and should take into account the unique needs of American Indian students and other minority groups;
(c) ensure integration of the history, contemporary portrayals, and contributions of American Indians, with an emphasis on Montana Indians, across all content areas;
(d) provide learning resources that are relevant, culturally inclusive, and current;
(e) provide opportunities for individual self-direction and decision making;
(f) provide equal access to learning resources;
(g) provide instructional materials that support the adopted curricula; and
(h) provide books and materials that reflect authentic historical and contemporary portrayals of American Indians.
(3) The local board of trustees shall identify, using appropriate criteria, students who may be at risk or in need of special 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
10.55.804 GIFTED AND TALENTED (1) Districts shall provide educational services to gifted and talented students that are commensurate to their needs, and foster a positive self-image, and create a supportive learning environment.
(2) and (3) remain the same.
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 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.
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 (1) 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.
(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 7 and 8 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 Common Core Standards, ARM Title 10, chapter 53;
(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 enhancement 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 (grades 7-9) or 7-8 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 progressions.
(a) Instruction in reading literacy and writing literacy shall be incorporated into all required and elective program areas as required in the Montana Common Core Standards, ARM Title 10, chapter 53.
(b) All students shall complete the following program areas each year:
(i) English language arts--1 unit;
(ii) social studies--1 unit;
(iii) mathematics--1 unit;
(iv) science--1 unit; and
(v) health enhancement--1/2 unit.
(c) All students must be allowed to elect from the following program area offerings:
(i) visual arts--1/2 unit;
(ii) music--1/2 unit;
(iii) career and technical education--1/2 unit; and
(iv) world languages and cultures--1/2 unit.
(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 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 Common Core Standards, ARM Title 10, chapter 53.
(3) Minimum offerings shall include at least the following:
(a) 4 units of English language arts;
(b) 3 units of mathematics;
(c) 3 units of science;
(d) 3 units of social studies (including 1/2 unit of Civics or Government);
(e) 2 units of career and technical education;
(f) 2 units of arts;
(g) 1 unit of health enhancement and physical education;
(h) 2 units of world languages; and
(i) 2 units of electives; and
(j) 1/2 unit of economics or financial literacy within the 3 units of social studies, the 3 units of mathematics, or the 2 units of career and technical education.
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 grade-band learning progressions. Students may demonstrate achievement through a flexible system of pupil-centered learning.
(2) In order for students to graduate, they must to meet the content and performance standards,. The the following 13 units shall be part of the 20 units. The required units may be satisfied by an equivalent course that meets the district's curriculum and assessment requirements, which are aligned with each of the content standards required for all students to graduate:
(a) 4 units of English language arts;
(b) 2 units of mathematics;
(c) 2 units of social studies (including a 1/2 unit of Civics or Government);
(d) 2 units of science;
(e) 1 unit of health enhancement, and physical education with 1/2 unit each year for two years;
(f) 1 unit of arts; and
(g) 1 unit of career and technical education.; and
(h) 1/2 unit of economics or financial literacy within the 2 units of social studies, the 2 units of mathematics, or the 1 unit of career and technical education.
(3) Units of credit earned in any Montana high school accredited by the Board of Public Education shall be accepted by all Montana high schools.
(4) In accordance with the policies of the local board of trustees, students may be graduated from high school with less than four years enrollment.
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) A high school shall require a minimum of 20 units of credit for graduation, including ninth grade units.
(a) A unit of credit is defined as the equivalent of at least 8100 minutes for one year 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 the same.
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 the same.
(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 grade-band learning progressions.
(c) Annually, by the first Monday in June, a school district shall provide a report to the Superintendent of Public Instruction documenting all distance, online and technology-delivered courses, student enrollments, and the digital content providers.
(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 accredited professional educator preparation program as defined in ARM 10.57.102(3). 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) When a teacher of distance, online, and technology-delivered learning programs and/or courses does not possess the qualifications specified in (3), the facilitator must be licensed and endorsed in Montana or elsewhere in the area of instruction facilitated with such license granted as a result of the completion of an accredited professional educator preparation program as defined in ARM 10.57.102(3).
(b) through (4) remain the same.
(5) Digital content providers serving Montana schools accredited by the Board of Public Education shall:
(a) annually, by the first Monday in August, register with the Office of Public Instruction;
(b) annually, by the first Monday in June, identify the Montana school districts served in the current school year by the digital content provider, including the courses and student enrollments for each school district served; and
(c) remains the same.
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 the same.
(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 federal accessibility standards.
(4) through (6) remain the same.
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 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 the same.
(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 grade-band learning progressions. All programs shall follow the content standards in the accreditation Administrative Rules of Montana. The local board of trustees shall:
(a) through (b)(vi) remain the same.
(vii) integrate information literacy skills, and technology tools, and workplace competencies to support learning in all curricular areas; and
(viii) remains the same.
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
10.55.1101 COMMUNICATION ARTS ENGLISH LANGUAGE ARTS AND LITERACY PROGRAM DELIVERY STANDARDS (1) In general, a basic program in communication English language arts and literacy shall:
(a) meet the following conditions:
(i) promote literacy and language excellence in the spoken, written, and visual form; and reading, writing, speaking, and listening for creative and purposeful expression in language;
(ii) engage with high-quality literary and informational text that builds knowledge, expands experiences, and broadens views; and
(iii) emphasize reasoning and use of evidence that is essential for deliberation;
(ii) (iv) make available a variety of print and non-print materials encompassing fiction and non-fiction, classic and contemporary works, and diverse perspectives including Montana American Indian works.; and
(v) promote critical reading that is necessary to navigate the vast amount of information available both in print and digitally; and
(b) include the following practices:
(i) integrate reading, literature, writing, speaking, listening, and media literacy with a balanced approach supported by current research and/or based on best practices in the field of communication English language arts and literacy;
(ii) through (vi) remain the same.
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
10.55.1301 HEALTH AND PHYSICAL EDUCATION ENHANCEMENT PROGRAM DELIVERY STANDARDS (1) In general, a basic health and physical education enhancement program shall:
(a) meet the following conditions:
(i) maintain class size in accordance with other curriculum areas;
(ii) focus on the knowledge and skills necessary to maintain a healthy lifestyle;
(iii) integrate and include components of the traditional "health" and "physical education" disciplines;
(iv) maintain a program that meets the educational requirements of health and physical education enhancement; and
(v) provide for the participation of all students in a health and physical education program; and
(vi) maintain adequate first aid materials and communication device capabilities.; and
(b) remains the same.
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
10.55.1701 CAREER AND VOCATIONAL/TECHNICAL EDUCATION PROGRAM DELIVERY STANDARDS (1) through (1)(b)(iii) remain the same.
(iv) leadership, and character development, and character, and employability skills through participation in career and technical student organizations (CTSOs);
(v) remains the same.
(vi) integration of career and vocational/technical competencies with academic knowledge in a contextual setting.
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
10.55.1801 LIBRARY MEDIA AND INFORMATION LITERACY PROGRAM DELIVERY STANDARDS (1) remains the same.
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
10.55.1901 SCHOOL COUNSELING PROGRAM DELIVERY STANDARDS
(1) In general, school counseling shall:
(a) meet the following conditions:
(i) provide a comprehensive, preventive, and developmentally planned program to all students systematically;
(ii) develop and implement a counseling program based on data-informed decision making;
(ii)(iii) advocate for all students and encourage students to develop to their full potential;
(iii)(iv) respect the worth and dignity of all individuals by building trust and respecting confidentiality; and
(v) value and respond to the diversity and individual differences in communities in a culturally responsive manner; and
(iv)(vi) contribute as an integral part of the education process that is delivered through a variety of systems by school staff, students, parents families, business, and industry.
(b) include the following practices:
(i) remains the same.
(ii) develop, implement, and assess a guidance curriculum aligned with the American School Counselor Association (ASCA) national model which includes the student standards for success, mindsets, and behaviors which is presented through structured groups and classroom presentations;
(iii) and (iv) remain the same.
(v) provide system support through management, consultation with staff, community outreach, and public relations.; and collaborate with families, community stakeholders, and other educators to create environments resulting in positive impact on student achievement, attendance, and discipline.
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
10.55.2101 WORLD LANGUAGES PROGRAM DELIVERY STANDARDS
(1) through (1)(b)(ii) remain the same.
(iii) build an authentic cultural ambiance gain understanding of the cultural perspectives of the target culture.
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
5. The Board of Public Education proposes to repeal the following rules:
10.55.711 GENERAL: CLASS SIZE AND TEACHER LOAD
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.1302 HEALTH ENHANCEMENT PARTICIPATION
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
6. The Board of Public Education proposes to transfer the following rule:
OLD NEW
10.55.607 10.57.114 INTERNSHIPS
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
REASON: By authority of 20-7-101, MCA, Standards of Accreditation for all schools are adopted by the Board of Public Education upon the recommendation of the Superintendent of Public Instruction. The board considers recommendations for revision of the policies at any time it deems necessary and conducts a comprehensive review of standards of accreditation policies on a regular cycle to ensure that such policies are meeting the needs of the state. There have been numerous revisions over the last decade, but the last comprehensive review was in 2013.
The Office of Public Instruction facilitated the comprehensive review process to amend ARM Title 10, chapter 55, Standards of Accreditation, with input from a task force and negotiated rulemaking committee comprised of education stakeholders appointed by the superintendent.
Based on recommendations from the task force and the negotiated rulemaking committee, the superintendent has proposed new rules specific to charter school applications, family and community engagement, mentorship and induction, evaluation, and English learners. The superintendent has proposed comprehensive amendments to existing rules to clarify language and process; clarify and add necessary definitions; clarify and amend school district policy requirements; add and define student performance and provide transparency to the accreditation process; address the process for application for variance to accreditation standards; clarify the categories of accreditation and the consequences for deficiencies; delineate the procedures used by the Office of Public Instruction when reviewing accreditation status, program, and assurance standards; and update program foundation standards. Other amendments are made for consistency with other Board of Public Education rules.
7. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: McCall Flynn, Executive Director, Board of Public Education, 46 N Last Chance Gulch, Suite 2B; P.O. Box 200601, Helena, MT 59620-0601; telephone (406) 444-0300; fax (406) 444-0847; or e-mail bpe@mt.gov, and must be received no later than 5:00 p.m., November 4, 2022.
8. McCall Flynn, Executive Director, Board of Public Education, has been designated to preside over and conduct this hearing.
9. The Board of Public Education 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 #7 above or may be made by completing a request form at any rules hearing held by the Board of Public Education.
10. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.
11. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
12. With regard to the requirements of 2-4-111, MCA, the Board of Public Education has determined that the adoption, amendment, repeal, and transfer of the above-referenced rules will not significantly and directly impact small businesses.
/s/ McCall Flynn /s/ Tammy Lacey
McCall Flynn Tammy Lacey
Rule Reviewer Chair
Board of Public Education
Certified to the Secretary of State September 27, 2022.
