Montana Administrative Register Notice 10-16-119 No. 8   04/29/2010    
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In the matter of the adoption of New Rule I and the amendment of ARM 10.16.3022, 10.16.3122, 10.16.3320, 10.16.3324, 10.16.3346, 10.16.3505 through 10.16.3507, 10.16.3512, 10.16.3560, 10.16.3660, and 10.16.3904  pertaining to special education











TO:  All Concerned Persons


1.  On February 25, 2010, the Superintendent of Public Instruction published MAR Notice No. 10-16-119 pertaining to the public hearing on the proposed adoption and amendment of the above-stated rules at page 473 of the 2010 Montana Administrative Register, Issue Number 4.


2.  The Superintendent has adopted the above stated rule as proposed:  New Rule I  (ARM 10.16.3505A).


3.  The Superintendent has amended ARM 10.16.3022, 10.16.3122, 10.16.3320, 10.16.3324, 10.16.3346, 10.16.3505, 10.16.3507, 10.16.3512, 10.16.3560, and 10.16.3660 as proposed.


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


            10.16.3506  VOLUNTARY MEDIATION  (1) remains as proposed.

            (2)  Mediation may not be used in the case of revocation of parental, consent for placement.

            (3) through (6) remain as proposed.


            10.16.3904  PROCEDURES FOR APPROVAL  (1)  A draft of a new or amended interlocal agreement shall be submitted to the Superintendent of Public Instruction for review and approval on or before January 1.  Upon approval, the cooperative contract shall be filed with the county Clerk and Recorder of the county or counties in which the school districts involved are located and with the Secretary of State. 


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


COMMENT # 1:  Steve Gettel, Superintendent of the Montana School for the Deaf and the Blind, submitted three comments in connection with the amendments to ARM 10.16.3022.  Mr. Gettel is concerned that the rule excludes children with other vision losses that may be significant.  Mr. Gettel requested that if the Superintendent is not going to expand the definition, the rule not be amended at all.


RESPONSE # 1:  The Superintendent thanks Mr. Gettel for his comments.  ARM 10.16.3022 was amended to conform to the statutory language of 20-7-471, MCA.  To not amend the rule would be inconsistent with statutory language.


COMMENT # 2:  Frank Podobnik of the Office of Public Instruction suggested striking "on or before January 1" from ARM 10.16.3904(1) because there is no need for a timeline. 


RESPONSE # 2:  The Superintendent thanks Mr. Podobnik for his comment.  The rule has been amended as suggested.


COMMENT #3:  Jeremy Gersovitz, Legislative Attorney commented that the comma after "parental" and before "consent" in ARM 10.16.3506(2) should be removed.


RESPONSE #3:  The Superintendent thanks Mr. Gersovitz for his comment.  The rule has been amended as suggested.



/s/ Ann Gilkey                                     /s/ Denise Juneau

Ann Gilkey                                          Denise Juneau

Rule Reviewer                                    Superintendent of Public Instruction



Certified to the Secretary of State April 19, 2010.



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