BEFORE THE BOARD OF PUBLIC EDUCATION
OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On August 20, 2012 at 1:30 p.m. the Board of Public Education will hold a public hearing in the OPI conference room at 1300 11th Avenue, Helena Montana, to consider the proposed adoption and amendment 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 the board no later than 5:00 p.m. on August 6, 2012, to advise us of the nature of the accommodation that you need. Please contact Peter Donovan, Executive Secretary, 46 North Last Chance Gulch, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0302; fax (406) 444-0847; or e-mail pdonovan@mt.gov.
3. The rules as proposed to be adopted provide as follows:
NEW RULE I INTERNSHIPS (1) Internships are defined in ARM 10.55.602.
(2) As part of an internship agreement, the parties must agree to the following:
(a) the intern will complete the requirements for the appropriate endorsement within three years;
(b) the school district will provide local supervision and support of the intern; and
(c) the accredited educator preparation program will approve the coursework and provide support and periodic supervision.
(3) If entering into internship agreements, the accredited Montana educator preparation program must report each enrolled intern to the Superintendent of Public Instruction no later than November 15 of each year.
(4) For each intern a district desires to have deemed appropriately assigned, the school district must report to the superintendent during the annual data collection, at the beginning of years two and three of each internship agreement, the intern's yearly progress toward completion of the program of study.
(5) An intern may be considered appropriately assigned for up to three years while enrolled in and making progress toward completion of a Montana accredited educator preparation program. Extension may be granted at the discretion of the Superintendent of Public Instruction as authorized in ARM 10.57.109. Requests for extension must be submitted by the intern and supported by the accredited educator preparation program and the school district. A request for extension must demonstrate evidence of extreme hardship or other circumstances beyond the control of the intern which prevented timely completion of the agreed upon plan of study.
(6) If an intern fails to show sufficient and satisfactory annual progress in the plan of study toward completion of a Montana accredited educator preparation program, the Superintendent of Public Instruction may consider that intern inappropriately assigned.
(7) An emergency authorization of employment granted by the Superintendent of Public Instruction pursuant to 20-4-111, MCA is not a license; it is granted to a district which, under emergency conditions, cannot secure the services of an appropriately licensed and endorsed teacher or principal. A person authorized under 20-4-111, MCA is not eligible for an internship.
AUTH: 20-2-121, MCA
IMP: 20-2-121, MCA
NEW RULE II STUDENT PROTECTION PROCEDURES (1) A local board of trustees shall adopt a policy designed to deter persistent threatening, insulting, or demeaning gestures or physical conduct, including an intentional written, verbal, or electronic communication or threat directed against a student or students regardless of the underlying reason for such conduct, that:
(a) causes a student physical or emotional harm, damages a student's property, or places a reasonable fear of harm to the student or the student's property;
(b) substantially and materially interferes with access to an educational opportunity or benefit; or
(c) substantially and materially disrupts the orderly operation of the school.
(2) Behavior prohibited under (1) includes retaliation against a victim or witness who reports behavior prohibited under (1).
(3) "Persistent" as used in this rule can consist of repeated acts against a single student or isolated acts directed against a number of different students.
(4) The behavior prohibited in (1) includes but is not limited to conduct:
(a) in a classroom or other location on school premises;
(b) during any school-sponsored program, activity, or function where the school is responsible for the student including when the student is traveling to and from school or on a school bus or other school-related vehicle; or
(c) through the use of electronic communication, as defined in 45-8-213, MCA, that substantially and materially disrupts the orderly operation of the school or any school-sponsored program, activity, or function where the school is responsible for the student.
(5) Each local board of trustees has discretion and control over the development of its policies and procedures regarding behavior prohibited under (1), but each district's policies and procedures must include at a minimum:
(a) a prohibition on the behavior specified in (1), regardless of the underlying reason or reasons the student has engaged in such behavior;
(b) a procedure for reporting and documenting reported acts of behavior prohibited under (1);
(c) a procedure for investigation of all reports of behavior prohibited under (1)(a) that includes an identification of the persons responsible for the investigation and response;
(d) a procedure for determining whether the reported act is subject to the jurisdiction of the school district or another public agency, including law enforcement, and a procedure for referral to the necessary persons or entity with appropriate jurisdiction;
(e) a procedure for prompt notification, as defined in the district policy, of the alleged victim and the alleged perpetrator, or the parents or guardian of such students when the students are minors;
(f) a procedure to protect any alleged victim of behavior prohibited under (1)(a) from further incidents of such behavior;
(g) a disciplinary procedure establishing the consequences for students found to have committed behavior prohibited under (1); and
(h) a procedure for the use of appropriate intervention and remediation for victims and perpetrators.
AUTH: 20-2-121, MCA
IMP: 20-2-121, 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) The Board of Public Education adopts standards of accreditation upon the recommendation of the State Superintendent of Public Instruction.
(2) The board Board of Public Education and the Office Superintendent of Public Instruction establish procedures and schedules for reviewing the accreditation status of each school.
(3) To ensure continuous education improvement, the school district and each of its schools shall develop, implement, and evaluate, and revise a five-year comprehensive education continuous school improvement plans and make the plans publically available. These plans shall be reviewed on a yearly basis to reflect a continuous improvement process.
(a) This Each plan shall include:
(i) a school district level education profile as described in guidance provided periodically by the Office of Public Instruction;
(ii) the school district's educational goals in accordance with pursuant to the requirements of ARM 10.55.701;
(iii) a description of planned progress toward implementing all content, performance, and program area standards, in accordance with the schedule in ARM 10.55.603;
(iv) a description of strategies for assessing student progress toward meeting all content and performance standards, in accordance with pursuant to the requirements of ARM 10.55.603 and ARM 10.56.101; and
(v) remains the same.
(b) By May 1, 2003, the district The local board of trustees shall file report and submit their adopted five-year comprehensive education continuous school improvement plan with the Office Superintendent of Public Instruction and make their plan available to employees and the public.
(c) The Office Superintendent of Public Instruction shall develop and implement procedures necessary to monitor and evaluate the effectiveness of the implementation of the continuous improvement plan of each school district's comprehensive education plan and its schools.
(4) To ensure continuous educational improvement and to meet the identified needs of students in every school, every school in the district shall develop and have on file in the district office a comprehensive education plan.
(5) To ensure continuous educational improvement, the Office Superintendent of Public Instruction shall provide guidance, resources, and evaluation to assist in the implementation of district and school plans to improve teaching and learning for all students.
(6) School districts are required to maintain present programs that meet current standards until such standards are superseded. The content and performance standards will supersede model learner goals according to the following schedule:
(a) Reading -- November 1998;
(b) Mathematics -- November 1998;
(c) Science -- October 1999;
(d) Technology -- October 1999;
(e) Health enhancement -- October 1999;
(f) Communication arts aligned to the reading content and performance standards -- October 1999;
(g) World languages -- October 1999;
(h) Social studies -- October 2000;
(i) Arts -- October 2000;
(j) Library media -- October 2000;
(k) Workplace competencies -- October 2000;
(l) Vocational/technical education -- October 2001.
(7) On or before July 1, 2004, a school district shall align its curriculum to the state content and performance standards and program area standards as adopted by the Board of Public Education. A school district shall maintain programs to align with the state's schedule for revising standards.
AUTH: 20-2-114, MCA
IMP: 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) "Accreditation" means certification by the Board of Public Education that a school meets the adopted standards of the Board of Public Education for a specified school year.
(1) remains the same but is renumbered (2).
(3) "Assurance standards" means the minimal standards of a quality education program comprised of the following subchapters:
(a) Subchapter 6, General Provisions, ARM 10.55.601 through (NEW RULE I);
(b) Subchapter 7, School Leadership, ARM 10.55.701 through (NEW RULE II);
(c) Subchapter 8, Academic Requirements, ARM 10.55.801 through 10.55.805;
(d) Subchapter 9, Educational Opportunity, ARM 10.55.901 through 10.55.910; and
(e) Subchapter 10, Program Area Standards, ARM 10.55.1001 through 10.55.1003.
(2) (4) "Asynchronous" means not occurring at the same time. "Asynchronous" refers to content, instruction, and communication between participants (i.e. e.g., students and teachers) that occurs at different times, the period of which may vary by circumstance, (e.g., e-mail, threaded discussions, homework, message boards).
(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.
(3) "Benchmark" means expectations for a student's knowledge, skills, and abilities along a developmental continuum in each content area. That continuum is focused at three points: the end of grade 4, the end of grade 8, and upon graduation (grade 12).
(4) "Certification" means licensure of an educator/specialist, as issued by the state of Montana, based on completion of an approved teacher, administrator, or specialist program of an accredited college/university. Certification includes grade level(s), endorsement(s), and classification.
(6) "Class 8 license" means an educator license as defined in ARM 10.57.102.
(5) (7) "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. This may include school systems formed under governing joint boards of trustees depending on the programs and services agreed to by the participating local boards of trustees , including districts designated as "K-12 districts" pursuant to 20-6-701, MCA. Most town school districts in Montana would fit this category, i.e., Helena, Hamilton, Whitehall.
(6) (8) "Content standard" means what all students should know, understand, and be able to do in a specific content area, such as reading, mathematics, or social studies.
(9) "Corrective plan" means a systematic procedure and timeline for resolving deviations from regular accreditation status.
(7) remains the same but is renumbered (10).
(11) "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.
(8) (12) "Distance learning" means instruction in which students and teachers are separated by time and/or location with synchronous or asynchronous content, instruction, and communication between student and teacher (e.g., correspondence courses, online learning, videoconferencing, streaming video). This instruction may consist of learning opportunities provided through online (Internet-based) and other emerging technologies.
(13) "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.
(9) remains the same but is renumbered (14).
(15) "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.
(10) remains the same but is renumbered (16).
(17) "Indian Education for All" means the constitutionally declared policy of this state to recognize the distinct and unique cultural heritage of American Indians and to be committed in its educational goals to the preservation of their cultural heritage. Implementation of these requirements ensures:
(a) every Montanan, Indian or non-Indian, is encouraged to learn about the distinct heritage and contributions of Montana tribal groups and governments in a culturally responsive manner; and
(b) every educational agency shall work cooperatively with Montana tribes to provide means by which school personnel will gain an understanding of and appreciation for American Indian people.
(18) "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.
(19) "Intensive assistance" means a required process for schools in continuous or serious deficiency accreditation status. Such schools have failed to develop or implement an approved corrective plan to remedy accreditation deviations within the designated timeline.
(20) "Internship" means an agreement among a fully licensed Class 1, 2, or 3 educator, the school district, and a Montana accredited educator preparation program as provided in [NEW RULE I].
(21) "K-12 district" 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 20-6-701(1) and (2), MCA.
(22) "Learning progression" means the specific performance expectations in each content area at each grade level from kindergarten through grade 12.
(23) "Licensure" means certification 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) "Literacy" means learning to read, write, speak, listen, and use language effectively.
(11) "Part-time" means not less than six hours in a school week.
(12) "Performance standard" means the specific expectations for performance in each content area at each of the three benchmarks. Performance standards define the quality of performance and describe the performance to be demonstrated.
(25) "Middle grades" means grades 4 through 9.
(26) "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 not include lunch time and periods of unstructured recess, as defined in 20-1-101, MCA.
(27) "Misassignment" means a licensed educator/specialist teaching outside their endorsed teaching area(s) and/or level (elementary K-8 and secondary 5-12).
(28) "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.
(29) "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.
(30) "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.
(31) "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 [NEW RULE I].
(13) (32) "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: communication English language arts, arts, health enhancement, mathematics, science, social studies, career and vocational/technical education, technology, workplace competencies, library media, world languages, and school counseling.
(14) (33) "Program delivery standards" means the conditions, and practices and resources school districts are required to provide for all ensuring that every students to have is afforded educational opportunities to learn, develop, and demonstrate learning to achievement in content and performance standards and content-specific grade-level learning progressions.
(34) "Pupil instruction day" means a school day when organized instruction is conducted with students under the supervision of a teacher.
(35) "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.
(15) "Online learning" means education activity in which instruction and content are delivered primarily via the internet. Online learning is a form of distance learning.
(36) "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.
(16) (37) "School administrator" means a person who is a part of the school's administrative or supervisory staff and who holds a cClass 3 license and is appropriately endorsed, or who is enrolled in a Board of Public Education approved administrator internship program under ARM 10.55.702 through 10.55.705 [NEW RULE I].
(38) "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. A school district may also exist as the result of the formation of a joint board of trustees as provided by 20-3-361, MCA. "School district" shall refer to all state-funded special purpose schools that are accredited under this chapter.
(39) "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. This may include school systems formed under the statute governing joint boards of trustees depending on the programs and services agreed to by the participating local boards of trustees.
(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.
(40) "Specialist" means a person with a Class 6 Specialist license in a nonteaching role of school psychologist or school counselor
(41) "Student performance standards" means minimal standards of a quality education, which measures student performance on annual state level summative assessments and graduation rates used to determine the accreditation status of a school.
(42) "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 [NEW RULE 1].
(17) (43) "Synchronous" means occurring at the same time. "Synchronous" refers to content, instruction, and communication between participants (i.e. e.g., 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).
(44) "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.
(18) remains the same but is renumbered (45).
(46) "Variance to standard" means an alternate approach to meeting or exceeding the minimum standards.
AUTH: 20-2-114, MCA
IMP: 20-1-101, 20-1-501, 20-2-121, 20-3-106, 20-7-101, MCA
10.55.603 CURRICULUM AND ASSESSMENT (1) Local school districts shall incorporate ensure their curriculum is aligned to all content and performance standards and the appropriate learning progression for each grade level into their curriculum, implementing them sequentially and developmentally.
(2) School districts shall maintain their programs consistent with the state's schedule for revising standards.
(3) School districts shall assess the progress of all students toward achieving content and performance standards and content-specific grade-level learning progressions in all each program areas. Assessment of all students shall be used The district shall use assessment results, including state-level achievement information obtained by administration of assessments pursuant to ARM 10.56.101 to examine the educational program and measure its effectiveness based on the content and performance standards.
(a) and (b) remain the same.
(2) (4) For content and performance standards in all program areas in accordance with pursuant to the requirements of ARM 10.55.602(8), school districts shall:
(a) establish curriculum and assessment development processes as a cooperative effort of personnel certified licensed and endorsed in the program area and trustees, administrators, other teachers, students, specialists, parents, community, and, when appropriate, tribal representatives and state resource people;
(b) review curricula at intervals not exceeding least every five years or consistent with the state's standards revision schedule, and modify, as needed, to meet educational goals of the five-year comprehensive education continuous school improvement plan in accordance with pursuant to ARM 10.55.601;
(c) review materials and resources necessary for implementation of the curriculum and assessment at least every five years, review and select materials and resources necessary for implementation of the curriculum and assessment or consistent with the state's standards revision schedule that are consistent with the goals of the five-year comprehensive education continuous school improvement plan; and
(d) review curricula and instructional materials and resources to ensure the inclusion of the distinct and unique cultural heritage and contemporary portrayal of the American Indians.
(3) (5) The school district shall develop and implement its assessment plan used to measure student progress ensuring alignment to the local curriculum in all program areas.
(a) School district The assessment plans shall be included in the comprehensive education continuous school improvement plan and be in place within two years following the development of local curriculum.
(a) (b) School districts shall use effective and 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 in achieving content and performance standards and content-specific grade-level learning progressions in all program areas.
(b) (c) Utilizing input from representatives of accredited schools, the Office The Superintendent of Public Instruction shall develop criteria and procedures for the selection of effective and appropriate multiple measures and methods to be used to assess student progress in reading and mathematics in grades 4, 8 and 11 achieving content and appropriate content-specific grade-level learning progressions in all program areas.
(c) (d) The Office Superintendent of Public Instruction shall provide technical assistance to districts to meet the criteria and procedures in (3)(b c).
(d) Not later than the school year immediately following the completion of written sequential curricula aligned with the content and performance standards in a program area in accordance with ARM 10.55.601(6), the school district shall begin the development of a student assessment process for that program area. The assessment process must be in place two years following the development of written curriculum.
(4) In addition to the school-by-school reporting of norm-referenced testing results in accordance with ARM 10.56.101, districts shall annually report to the Office of Public Instruction the school level results of measures for the standards that are not adequately assessed by the norm-referenced tests in reading and mathematics at grades 4, 8 and 11.
(a) Utilizing input from representatives of accredited schools, the Office of Public Instruction will identify the additional standards in reading and mathematics that are to be assessed with other measures.
(b) The measures used to report to the Office of Public Instruction shall be included within the district assessment plan in accordance with ARM 10.55.601.
(c) The criteria and procedures set forth in (3)(b) shall be used by the Office of Public Instruction in an approval process to assure the quality of the other measures that will be used to assess and report progress in reading and mathematics at grades 4, 8 and 11.
AUTH: 20-2-114, 20-2-121, MCA
IMP: 20-2-121, 20-3-106, 20-7-101, MCA
10.55.604 VARIANCES TO STANDARDS (1) A school district local board of trustees may apply to the Board of Public Education through the Superintendent of Public Instruction to implement an alternative a variance to a standard or a section of standards, excluding standards stating statutory criteria, standards pertaining to teacher educator licensure or endorsement, and content and performance standards as defined by the Board of Public Education and provided in guidance from the Superintendent of Public Instruction.
(a) In its application, the school district local board of trustees shall provide evidence establishing describe how and why its proposed variance would be that its alternative is workable, and educationally sound, and designed to meet or exceed results under established standards and, where applicable, aligned with program in comparison to the intent of the standard(s) that would be waived, and shall establish that the goals of the alternative will meet or exceed the results under the current standard(s) ARM 10.55.1101 through 10.55.1901.
(b) In its application, the school district shall submit a statement of mission and objectives, and identify formative and summative measures to be used to evaluate the effectiveness of the alternative. An application for variance to 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 Monday in March. 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.
(c) Upon appropriate application, the Board of Public Education shall approve or deny the proposed alternative. The Superintendent of Public Instruction shall refer applications to a review board appointed and facilitated by the Superintendent of Public Instruction. The review board shall provide its recommendations to the Superintendent of Public Instruction.
(d) If the board denies the proposed alternative, it shall state in writing why it has done so. The Superintendent of Public Instruction shall provide the Board of
Public Education with a recommendation for approval, modification, or rejection of the review board's recommendation.
(e) If the board approves the proposed alternative, its initial approval shall be for two years.
(f) During the second year of the initial approval, the Board of Public Education, through the Office of Public Instruction, shall direct an on-site evaluation of the alternative.
(g) If the board finds the alternative is workable and educationally sound in comparison to how the waived standard(s) previously worked in the district, the board shall renew the alternative for five years.
(h) Subject to on-site evaluations every five years, the board may continue to renew the alternative.
(i) A school district may discontinue an approved alternative at any time. If it does so, it shall promptly notify the Board of Public Education in writing.
(2) The Board of Public Education shall approve or deny proposed variances to standards.
(3) If the Board of Public Education approves a proposed variance to 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 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) If the Superintendent of Public Instruction finds the variance is workable and educationally sound, the Superintendent shall report findings and recommend continued approval to the Board of Public Education.
(6) If the Board of Public Education concurs with the Superintendent's recommendation, it may renew the variance for no more than three years.
(7) The Board of Public Education may subsequently renew the variance for up to three-year intervals provided the district continues to show how the variance meets or exceeds established standards.
(8) If the Superintendent of Public Instruction finds the alternative 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) If the Board of Public Education accepts the Superintendent's recommendation to revoke a variance, the board's decision is final.
(10) A school district may discontinue an approved variance at any time. If it does so, it shall promptly notify the Superintendent of Public Instruction in writing.
(2) through (2)(e) remain the same but are renumbered (11) through (11)(e).
AUTH: 20-2-114, MCA
IMP: 20-2-121, 20-3-106, 20-7-101, MCA
10.55.605 CATEGORIES OF ACCREDITATION (1) Regular accreditation means the school has: met the assurance standards and student performance standards as defined in ARM 10.55.606 and the Licensure Endorsement Requirements Related to Teaching Assignments, adopted by the Board of Public Education July 2012, a copy of which may be found at: http://www.opi.mt.gov/pdf/ Accred/Ch55/Appendices.pdf (Appendix A).
(a) its program aligned to t he content and performance standards and program area standards;
(b) certified staff that is appropriately assigned, and fully utilized;
(c) school programs and resources that are adequate;
(d) facilities that meet appropriate standards; and
(e) school trustees, staff, parents, and community that work together to provide a quality education.
(2) When the school meets the rRegular accreditation standards with minor deviations, these deviations are noted on the annual accreditation status letter as minor citations when considering the school program in its entirety means the school does not meet all the requirements and standards required in (1) and delineated in the Accreditation Procedures and Status Criteria, adopted by the Board of Public Education July 2012, a copy of which may be found at: http://www.opi.mt.gov/pdf/ Accred/Ch55/Appendices.pdf (Appendix B).
(3) A school with regular accreditation with level 2 deviation(s) in student performance standards, as defined in ARM 10.55.606, or regular accreditation with minor deviations at level 2 in either assurance or student performance standards, shall remedy all deviations within three years or will be reassigned to a lower category of accreditation.
(3) (4) Accreditation with advice means the school exhibits serious and/or numerous deviations from the standards. The school must submit an improvement plan developed by trustees, administrators, teachers, parents, and the community, to the Office of Public Instruction.
(4) (5) Deficiency aAccreditation with assistance deficiency means that the school has been is on 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 on 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.
(a) (7) A school will be immediately accredited with deficiency if:
(i) (a) the school employs as a teacher an individual who does not have a Montana teaching certificate license; or
(ii) (b) the school has a facility that creates an unhealthy environment with safety and health hazards; or.
(iii) the school provides an inadequate learning environment.
(b) The school administrator and the chair of the board of trustees will submit and/or come before the Board of Public Education with an improvement plan and a systematic procedure for correcting the deviations noted. The Office of Public Instruction will facilitate assistance to enable the school to accomplish the goals of the improvement plan and to correct the deviations.
(8) A school with deficiency status failing to comply with the required corrective plan shall be placed into the intensive assistance process as defined in the Accreditation Procedures and Status Criteria, adopted by the Board of Public Education July 2012, a copy of which may be found at: http://www.opi.mt.gov/pdf/ Accred/Ch55/Appendices.pdf (Appendix B).
(5) (9) Nonaccredited status means that a school on deficiency status fails to document that it has met its improvement plan meet the requirements of intensive assistance and is out of compliance with the Board of Public Education standards of accreditation.
(6) remains the same but is renumbered (10).
AUTH: 20-2-114, MCA
IMP: 20-2-121, 20-3-106, 20-7-101, MCA
10.55.606 PERFORMANCE-BASED ACCREDITATION PROCESS
(1) Performance-based accreditation gives a school district the option of obtaining, for one or more of its schools, accreditation through a process that involves self-evaluation, peer-review and on-site visitations. This method allows a school to meet accreditation standards by showing through its students' work that it provides a quality education. The school improvement plan serves as a basis for assessment of school effectiveness and an impetus for mobilizing improvement efforts. The categories of accreditation of a school shall be determined by using two sets of standards:
(a) assurance standards; and
(b) student performance standards.
(2) After engaging in a sustained school improvement effort, a school district, on behalf of one or more of its schools, may apply to the Superintendent of Public Instruction for performance-based accreditation. The Board of Public Education makes the final decision on whether a school is accredited through the performance-based accreditation process. The school improvement process shall incorporate the following six steps or their equivalent: Assurance standards are comprised of the following subchapters in ARM Title 10, chapter 55:
(a) development of a student/community profile Subchapter 6, General Provisions, ARM 10.55.601 through [NEW RULE I];
(b) development of a school mission and goals that reflect a locally derived philosophy of education Subchapter 7, School Leadership, ARM 10.55.701 through [NEW RULE II];
(c) identification of desired learner results based on the content and performance standards Subchapter 8, Academic Requirements, ARM 10.55.801 through 10.55.805;
(d) analysis of instructional and organizational effectiveness Subchapter 9, Educational Opportunity, ARM 10.55.901 through 10.55.910; and
(e) development and implementation of a school improvement plan; and Subchapter 10, Program Area Standards, ARM 10.55.1001 through 10.55.1003.
(f) monitoring through self-assessment and visits by peers or teams.
(3) To be granted performance-based accreditation, a school must: Student performance standards are comprised of student performance measures for each grade as follows:
(a) engage in a continuous schoolwide improvement process; Math and reading average scale score range for all students grades 3-8 and 10 and science average scale score range for all students grades 4, 8, and 10:
(i) Level 1 = 300-250;
(ii) Level 2 = 249-220;
(iii) Level 3 = 219-210;
(iv) Level 4 = 209-200; and
(b) host at least two visitations, chaired by a person trained or experienced in the process to seek feedback and validate the school improvement process; For high schools, graduate rate range:
(i) Level 1 = 100.0%-75.0%;
(ii) Level 2 = 74.9%-60.0%;
(iii) Level 3 = 59.9%-55.0%;
(iv) Level 4 = 54.9%-0.0%.
(c) notify the Superintendent of Public Instruction of the visitation dates and team members. A member of the staff of the Office of Public Instruction shall be invited to be a member of the visitation team;
(d) submit reports of the visitation to the Superintendent of Public Instruction; and
(e) apply to the Superintendent of Public Instruction for performance-based accreditation by providing documentation of school improvement, including, but not limited to:
(i) visitation reports;
(ii) a school improvement plan;
(iii) evidence of attainment or significant progress toward attainment of the school improvement plan goals; and
(iv) a recommendation from the visitation team that the Board of Public Education grant performance-based accreditation.
(4) After a review in which the school demonstrates successful attainment or significant progress toward achieving the desired learner results, the school may be granted performance-based accreditation for up to six years. The school is subject to peer or team reviews at least every three years. The review shall establish that: For schools with any combination of grades K-2, only the assurance standards will be used to determine accreditation status.
(a) the integrity of the school improvement process is maintained;
(b) the school is making informed, data-driven decisions;
(c) the process is school-based;
(d) all steps of the school improvement process are connected and inform one another;
(e) committees work collaboratively within and among one another;
(f) the school implements each step appropriately; and
(g) student learning is central to the entire process, with improvement demonstrated in desired learner results, based on content and performance standards.
(5) A school district, on behalf of one or more of its accredited schools electing this process, may petition the Superintendent of Public Instruction to recommend that the Board of Public Education waive existing standards that interfere with the school improvement plan, excluding standards stating a statutory requirement, standards pertaining to teacher certification and content and performance standards as defined by the Board of Public Education. There shall be four levels for assurance standards and student performance standards used to determine accreditation status, as described in the Accreditation Procedures and Status Criteria, adopted by the Board of Public Education July 2012, a copy of which may be found at: http://www.opi.mt.gov/pdf/Accred/Ch55/Appendices.pdf (Appendix B). The highest level is 1 and the lowest level is 4.
(6) A school shall be classified as regularly accredited by using the combined results of the assurance standards and student performance standards as follows:
(a) level 1 for all assurance standards and level 1 or 2 for student performance standards; or
(b) level 1 or 2 for all assurance standards and level 1 for student performance standards.
(7) A school shall be classified as regularly accredited with minor deviation by using the combined results of the assurance standards and student performance standards with level 2 in any category in both sets of standards.
(8) A school shall be classified as accredited with advice by using the combined results of the assurance standards and student performance standards with level 3 in any category in either set of standards.
(9) A school shall be classified as accredited with deficiency by using the combined results of the assurance standards and student performance standards with level 4 in any category in either set of standards.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.701 BOARD OF TRUSTEES (1) The local board of trustees shall ensure that the school district complies with all local, state, and federal laws and regulations.
(2) The board of trustees shall provide in each school building at least one copy of the accreditation standards for staff and public review.
(3) Each school district shall have in writing and make available to the staff and public:
(a) a comprehensive philosophy of education;
(b) goals that reflect the district's philosophy strategic plan of education;
(c) (b) sequential curricula curriculum for each program area that aligns to the content and performance standards, and the district's educational goals specific grade-level learning progressions, and program area standards;
(d) (c) policies establishing student assessment procedures that ensure evaluation of the school's curricula district's curriculum and student learning. These procedures shall specify how and when data are to be collected, analyzed, and reported;
(e) (d) policies that delineate the 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 and make them available to employees and the public;
(f) remains the same but is renumbered (e).
(g) (f) a policy that is designed to policies addressing bullying, hazing, intimidation, and harassment of students and school personnel and meeting the requirements in (NEW RULE II);
(h) through (m) remain the same but are renumbered (g) through (l).
(n) (m) a parent involvement policy that encourages comprehensive family engagement policy aligned to meet the following goals:
(i) regular, two-way and meaningful communication between home and school 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) promotion and support of parenting skills families and school staff engage in regular, two-way meaningful communication about student learning;
(iii) that parents play an integral role in assisting student learning 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) that parents are welcome in the school, and that their support and assistance are sought 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) parents as full partners in the decisions that affect children and families and school staff partner in decisions that affect children and families and together inform, influence, and create policies, practices, and programs; and
(vi) community resources be used to strengthen schools, families, and student learning 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;
(o) (n) a policy that incorporates 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 educational goals; and
(p) (o) a policy addressing distance, online, and technology delivered learning as defined in ARM 10.55.602;
(p) a policy that defines a significant writing program; and
(q) a policy that addresses student health issues that arise in the school setting.
(4) (3) The local board of trustees shall have valid, written contracts with all regularly employed certified licensed administrative, supervisory, and teaching personnel.
(5) (4) The local board of trustees shall have written policies and procedures for regular and periodic evaluation of all regularly employed certified administrative, supervisory, and teaching personnel. The individual evaluated shall have access to a written 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 for licensed teachers used by a school district shall include an assessment of the extent to which the teacher:
(i) understands how learners grow and develop, recognizing that patterns of learning and development vary individually within and across cognitive, linguistic, social, emotional, and physical areas, and designs and implements developmentally appropriate and challenging learning experiences;
(ii) uses understanding of individual differences and diverse cultures and communities, including American Indians and tribes in Montana, to ensure inclusive environments that enable each learner to meet high standards;
(iii) works with others to create environments that support individual and collaborative learning and that encourage positive social interaction, active engagement in learning, and self-motivation;
(iv) understands the central concepts, tools of inquiry, and structures of the discipline(s) he or she teaches and creates learning experiences that make the discipline accessible and meaningful for learners to assure mastery of the content;
(v) understands how to connect concepts and use differing perspectives to engage learners in critical thinking, creativity, and collaborative problem solving related to authentic local and global issues;
(vi) understands and uses multiple methods of assessment to engage learners in their own growth, to monitor learner progress, and to guide the teacher's and learner's decision-making;
(vii) plans instruction that supports every student in meeting rigorous learning goals by drawing upon knowledge of content areas, curriculum, cross-disciplinary skills, and pedagogy, as well as knowledge of learners and the community context;
(viii) understands and uses a variety of instructional strategies to encourage learners to develop deep understanding of content areas and their connections, and to build skills to apply knowledge in meaningful ways;
(ix) engages in ongoing professional learning and uses evidence to continually evaluate his or her practice, particularly in the effects of his or her choices and actions on others (learners, families, other professionals, and the community), and adapts practice to meet the needs of each learner;
(x) seeks appropriate leadership roles and opportunities to take responsibility for student learning, to collaborate with learners, families, colleagues, other school professionals, and community members to ensure learner growth, and to advance the profession; and
(xi) demonstrates understanding of and ability to integrate history, cultural heritage, and contemporary status of American Indians and tribes in Montana.
(b) The evaluation system for licensed administrators used by a school district shall include an assessment of the extent to which the administrator:
(i) facilitates the development, articulation, implementation, and stewardship of a school or district vision of teaching and learning supported by the school community in order to promote the success of all students;
(ii) promotes a positive school culture, provides an effective instructional program, applies best practice to student learning, and designs comprehensive professional growth plans for staff in order to promote the success of all students;
(iii) manages the organization, operations, and resources in a way that promotes a safe, efficient, and effective learning environment in order to promote the success of all students;
(iv) collaborates with faculty, families, and other community members, responds to diverse community interests and needs, including American Indian communities in Montana, and mobilizes community resources in order to promote the success of all students;
(v) acts with integrity, fairness, and in an ethical manner in order to promote the success of all students; and
(vi) understands, responds to, and ethically influences the larger political, social, economic, legal, and cultural context in order to promote the success of all students.
(6) (5) The local board of trustees shall:
(a) establish conditions that contribute to a positive school climate and morale by encouraging cooperative and harmonious relationships among the staff members, students, parents, and community. which:
(i) keep parents/guardians up to date on students' progress;
(ii) 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).
(7) To enhance a positive learning environment, the board of trustees shall:
(a) establish a system to keep parents/guardians up to date on students' progress; and
(b) use technology and equipment to facilitate management and instruction.
(8) To ensure continuous education improvement, the district shall engage in a continuous school improvement process.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.702 LICENSURE AND DUTIES OF DISTRICT ADMINISTRATOR - DISTRICT SUPERINTENDENT (1) The district superintendent shall be:
(a) appropriately licensed and endorsed in accordance with state statutes and Board of Public Education rules; or
(b) considered appropriately assigned if the superintendent is enrolled in a Board of Public Education approved administrator/district superintendent an internship program as defined below: in ARM 10.55.602 and meets the requirements of [NEW RULE I].
(i) the intern must be enrolled in an approved administrator/district superintendent training program with the state of Montana;
(ii) the intern must have completed the principal endorsement requirements or be simultaneously enrolled in an administrator/principal internship program;
(iii) the intern must file an application with the Board of Public Education prior to placement within the local school districts in the state of Montana; and
(iv) at each assigned school district, the intern must annually receive an on-site visit by an appointed faculty member of the approved internship program.
(2) A superintendent intern shall be supervised throughout the year by a licensed and endorsed superintendent contracted by the district, including participation in, and review of, and written concurrence in all performance evaluations of licensed staff completed by the intern.
(2) In cases where the intern is the only administrator hired by the district, the district shall contract with a properly licensed and endorsed administrator for annual and periodic supervision of the practice of the intern throughout the school year. Such supervision shall include participation in, review of, and written concurrence in all performance evaluations of licensed staff completed by the intern.
(3) remains the same.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.703 LICENSURE AND DUTIES OF SCHOOL PRINCIPAL (1) The school principal shall:
(a) be appropriately licensed and endorsed in accordance with state statutes and Board of Public Education rules; or
(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 [NEW RULE I]. Board of Public Education approved administrator/principal internship program as defined below:
(i) the intern must be enrolled in an approved administrator/principal training program within the state of Montana;
(ii) the intern must file an application with the Board of Public Education prior to placement within a school district in the state of Montana;
(iii) at each assigned school, the intern must annually receive an on-site visit by an appointed faculty member of the approved internship program;
(iv) at each assigned school, the intern shall receive an appropriate level of supervision by a properly licensed and endorsed administrator hired by the district. Such supervision shall include participation in, review of, and written concurrence in all performance evaluations of licensed staff completed by the intern. In cases where the intern is the only administrator hired by the district, the district shall contract with a properly licensed and endorsed administrator for annual and periodic supervision of the practice of the intern throughout the school year.
(c) have a license endorsed at the level assigned as a principal, except where one individual serves as the single administrator for the entire district under ARM 10.55.705(1)(a) or (b), where the superintendent may hold either a high school or elementary principal endorsement. No individual may be assigned a total of more than 100% full-time equivalent (FTE);
(d) consider ways to:
(i) provide instructional leadership;
(ii) exercise vision in defining and accomplishing the school's mission;
(iii) encourage teachers to have high expectations for student achievement;
(iv) stress the importance of parents' and students' roles in academic success;
(e) involve staff and others in decision making and in setting, accomplishing, and assessing educational goals;
(f) carry out the district's policies and procedures;
(g) be responsible for the effective day-to-day operation of the school, including the management of finances, materials, and human resources.
(2) Supervision of the principal intern shall be provided throughout the year by the district superintendent, county superintendent, or in the absence of either, a licensed and endorsed superintendent contracted by the district. Such supervision shall include participation in, and review of, and written concurrence in all performance evaluations of licensed staff completed by the intern.
(3) The principal shall carry out the district's policies and procedures, provide instructional leadership, and be responsible for the effective day-to-day operation of the school, including the management of finances, materials, and human resources.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.704 ADMINISTRATIVE PERSONNEL: ASSIGNMENT OF DISTRICT SUPERINTENDENTS (1) A district superintendent for a combined elementary-high school district or a county high school district or an independent elementary school district The assignment of licensed superintendents for all configurations of school systems shall be based upon full-time equivalency (FTE) and shall be assigned as follows:
(a) full or part-time district superintendent and at least a half-time school administrator/principal as defined in ARM 10.55.705(1)(a) or (b) shall be employed for an independent elementary district with fewer than 18 full-time equivalent (FTE) licensed staff, or the district shall utilize the services of the county superintendent to fulfill the duties of the district superintendent. One individual may serve as both district superintendent and part-time school administrator/principal as defined in ARM 10.55.705(1)(a) or (b). A superintendent serving under this subsection shall devote full time to administration and supervision not to exceed a total assignment of 100% FTE. 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) A full or part-time district superintendent and at least a half-time school administrator/principal shall be employed for a combined elementary-high school district or a county high school district with fewer than 30 FTE licensed staff. A full or part-time district superintendent and at least a half-time school administrator/ principal shall be employed for an independent elementary district with more than 18 but fewer than 30 FTE licensed staff. One administrator may serve as both superintendent and part-time school administrator/principal as defined in ARM 10.55.705 (1)(a) or (b). A superintendent serving under this subsection shall devote full time to administration and supervision not to exceed a total assignment of 100% FTE. 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) A full-time (one FTE) district superintendent shall be employed for any district with 30 or more FTE licensed staff or 551 or more students. 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) A combined elementary-high school district, or a county high school district, or an independent elementary school district School systems with 100 or more 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 cClass 3 administrative license. Those districts with less fewer than 100 FTE licensed staff and no full-time curriculum coordinator shall employ the services of a regional curriculum consortium, multidistrict collaborative, or interlocal cooperative, or a part-time, designated curriculum coordinator.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.705 ADMINISTRATIVE PERSONNEL: ASSIGNMENT OF SCHOOL ADMINISTRATORS/PRINCIPALS (1) School districts shall employ appropriately endorsed school administrators/principals as follows: 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.
(2) The assignment of licensed principals shall be based upon student enrollment and prorated as applicable. Principal assignments are as follows:
(a) for schools in third class elementary districts without a licensed administrator under contract, a supervising teacher and county superintendent will be accepted in satisfaction of administrator requirements for up to eight full-time equivalent (FTE) licensed staff; 0.25 FTE licensed principal shall be assigned to schools with enrollments of 125 to fewer than 175 students;
(b) for schools in districts with an assigned licensed administrator under contract, the following staffing requirements shall apply: 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.
(3) No individual principal assigned pursuant to the ratios in (2) may be assigned as more than 1.0 FTE.
(i) .5 FTE principal for schools with more than eight and less than 18 FTE licensed staff. A district may satisfy the FTE requirements of this subsection for a school under this circumstance by prorating the assignment of building administrators in other buildings of the district, so long as the number of licensed FTE staff for whom each administrator is responsible is not more than 29 and so long as the number of students for whom each administrator is responsible is not more than 550;
(ii) one FTE principal for schools with 18-29 FTE licensed staff or 250-550 students;
(iii) two FTE administrators/principals for schools with 551-1050 students;
(iv) three FTE administrators/principals for schools with 1051-1550 students;
(v) four FTE administrators/principals for schools with 1551-2050 students; and
(vi) five FTE administrators/principals for schools with 2051 or more students.
(2) (4) In a schools 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 a 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.
(3) In schools with at least three FTE school administrators who are administratively endorsed, release time of department coordinators or chairpersons may be counted toward additional school administration. Department coordinators or chairpersons counted toward school administration may observe and supervise but shall not formally evaluate classroom instruction.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.706 TEACHER INVOLVEMENT (1) Teachers should use their professional judgment to deliver high-quality instruction to all students based on individual need.
(2) Teachers shall be involved in curriculum development and student assessments and in the promotion of a school climate that enhances student learning, achievement, and well-being.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.707 TEACHER AND SPECIALIST LICENSURE (1) Teachers and specialists shall hold Montana teaching licenses. be:
(a) appropriately licensed and endorsed in accordance with state statutes and Board of Public Education rules; or
(b) considered appropriately assigned if enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of [NEW RULE I].
(2) The school district shall arrange for a licensed and endorsed teacher in the content area to provide periodic support to the intern.
(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 [NEW RULE I].
(4) School counselors shall be:
(a) licensed under ARM 10.57.432(2) or 10.57.433 and 10.57.435; or
(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 [NEW RULE I].
(2) An emergency authorization of employment is not a valid license; it is granted to a district which, under emergency conditions, cannot secure the services of a licensed teacher.
(3) All school psychologists must be licensed with a class 6 specialist license.
(4) Licensed teachers and school counselors who are enrolled in Board of Public Education approved internship programs according to the following provisions shall be considered appropriately assigned when teaching or serving in the internship area.
(a) Only an accredited educator preparation institution located within the boundaries of the state of Montana shall be eligible to operate an approved endorsement area internship program.
(b) Only a currently licensed Montana teacher enrolled in an approved endorsement area internship program shall be considered appropriately assigned when teaching or serving in the endorsement area within three years following the date of initial enrollment.
(c) An educator preparation program shall obtain approval of the Board of Public Education prior to placing interns in positions in local school districts in the state of Montana. In order to gain approval, the program must:
(i) file an application with the Board of Public Education;
(ii) include a model plan for preparation of interns prior to placement that shall include, at a minimum, completion of or enrollment in six semester credits of study in the endorsement field the teacher is pursuing;
(iii) appoint a faculty member responsible for ensuring compliance with all program requirements by interns enrolled in the program, which shall include, as a minimum, an on-site visit to each school district in which an intern is placed at least once during the term of the internship.
(d) All interns placed in a school district shall receive an appropriate level of periodic supervision and training by a licensed teacher who is currently endorsed in the intern's prospective endorsement area.
(5) All personnel whose qualifications are not outlined in the certification standards ARM Title 10, chapter 57 must have a license issued by the appropriate state or federal licensing agent or national registry if required by the existing rules and regulations.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.708 TEACHING ASSIGNMENTS (1) Teachers shall be assigned at the levels and in the subjects for which their certificates they are licensed and endorsed,. Exceptions are: unless they are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of [NEW RULE I].
(a) individuals serving in internship positions approved by the Board of Public Education;
(b) (2) tTeachers assigned in grade 5 or 6 in the departmentalized classroom or middle school, who hold a 5-12 secondary certificate license, must be endorsed in the subjects they are teaching. A 5-12 certificate license will not cover a grade 5 or 6 assignment in a self-contained K-8 classroom;.
(c) (3) cClarifications of teaching assignments in grades 5 through 12 departmentalized settings are published in the Licensure Endorsement Requirements Related to Teaching Assignments, adopted by the Board of Public Education July 2012, a copy of which may be found at: http://www.opi.mt.gov/pdf/ Accred/Ch55/Appendices.pdf (Appendix A) Appendix A of the "Montana School Accreditation Standards and Procedures Manual" adopted November 2000.
(2) (4) Certification Licensure at the elementary level entitles the holder to teach in grades K through 8.
(3) remains the same but is renumbered (5).
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.709 LIBRARY MEDIA SERVICES, K-12 (1) The school library shall be housed in a central location, and each school shall have a full-time or part-time certified school licensed and endorsed library media specialist with a K-12 library media endorsement at the following ratio:
(a) through (f) remain the same.
(2) Schools or districts of fewer than 125 students shall employ or contract with a certified, licensed and endorsed school library media specialist, or seek alternative ways to provide library media services, using certified personnel. For example, they may contract for services or receive services from a regional, certified library media specialist provided through joint efforts of adjacent districts and/or counties. If a district has fewer than 125 students, the district may utilize a consortium, multidistrict agreement, or interlocal cooperative to secure these services.
(a) Alternative services shall include:
(i) instruction in library media skills;
(ii) administration of a library media program that meets the district's instructional goals;
(iii) collection, development and management;
(iv) reader assistance;
(v) library media collection management; and
(vi) inservice in the use of new resources and equipment.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.710 ASSIGNMENT OF SCHOOL COUNSELING STAFF (1) and (2) remain the same.
(3) Schools and/or Ddistricts with fewer than 125 students shall: may
(a) employ or contract with a licensed, endorsed school counselor or cClass 6 specialist; or utilize a consortium, multidistrict agreement, or interlocal cooperative to secure these services.
(b) seek alternative ways to provide counseling services and meet the required school counseling program goals using licensed personnel. For example, they may contract for services or receive services from a licensed school counselor or class 6 specialist provided through joint efforts of adjacent districts and/or counties.
(i) When a school district uses alternatives to meet this standard, it shall submit a description of the alternatives to the Superintendent of Public Instruction and seek approval from the Board of Public Education.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.711 GENERAL: CLASS SIZE AND TEACHER LOAD (1) These standards do not require a minimum class size at any grade level or for any subject offered. One pupil student may be considered a class.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.713 TEACHER LOAD AND CLASS SIZE: HIGH SCHOOL, JUNIOR HIGH, MIDDLE SCHOOL, AND GRADES 7 AND 8 BUDGETED FUNDED AT HIGH SCHOOL RATES (1) In addition to the school administrator, the school shall employ a sufficient number of certified FTEs to allow for varying instructional patterns including, but not limited to teaming, core curriculum and departmentalization. Each program offered shall have properly be staffed by appropriately licensed and endorsed FTE(s) educators.
(2) and (2)(a) remain the same.
(b) Laboratory/studio, e.g., science, art, PE, career and technical education, class size shall be limited for safety purposes. The number of students shall be determined through consultation with the teacher, considering the number, size, and use of laboratory stations.
(3) through (4) remain the same.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA;
10.55.714 PROFESSIONAL DEVELOPMENT (1) By definition, pProfessional development:
(a) shall be aligned with district educational goals and objectives;
(a) (b) focuses on teachers as central to student learning, yet and includes all other members of the school community;
(b) through (j) remain the same but are renumbered (c) through (k).
(k) (l) is evaluated ultimately on the basis of its impact of professional development on teacher effectiveness and student learning, and the results of this assessment guides subsequent professional development efforts.
(2) Teachers and specialists shall annually complete professional development pursuant to the requirements of 20-1-304 and 20-4-304, MCA, including a minimum of three pupil instruction related (PIR) days dedicated exclusively to professional development.
(a) through (c) remain the same.
(3) School district 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.
(a) remains the same.
(b) Each school year, school district the local board of trustees shall adopt a professional development plan for the subsequent school year based on the recommendation of the advisory committee.
(c) The plan recommended by the advisory committee and adopted by the school district local board of trustees shall outline how, when, and from whom teachers and specialists shall meet their professional development PIR day expectations.
(d) Although the advisory committee's recommendation is advisory, tThe plan adopted by the school district local board of trustees must take into consideration the advisory committee's recommendations and include two professional development PIR days in October during which schools must close in order to permit teachers and specialists to attend the annual professional development meetings of state professional associations.
(e) through (g) remain the same.
(h) School district The local board of trustees shall file their adopted professional development plan with the Office of Public Instruction and make their plan available to employees and the public.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.715 INSTRUCTIONAL AIDES PARAPROFESSIONALS: QUALIFICATIONS AND SUPERVISION (1) Instructional aides need not be certified; however, the following supervision is required: paraprofessionals
(a) Instructional aides assigned due to classroom size or diversity shall be under the direct supervision of a certified licensed teacher. This means that the aide shall be supervised by a certified teacher who is responsible for instruction and assessment of students. The supervising teacher shall be available while the aide instructional paraprofessional is fulfilling his/ or her responsibilities and shall not be simultaneously assigned to another teaching duty or preparation time.
(b) Instructional aides 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 aide paraprofessional and not to delegate any activity to the instructional aide paraprofessional that requires professional skill, knowledge, and judgment.
(c) Instructional aides paraprofessionals assigned to assist students in gaining specialized knowledge not generally available from a properly endorsed teacher shall be supervised by a teacher certified 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: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.716 SUBSTITUTE TEACHERS (1) remains the same.
(a) In cases where a regular, licensed teacher under contract is temporarily unable, by reason of illness or for other reasons approved by the school district local board of trustees, to fulfill the teacher's duties, substitute teachers may be employed to carry on the duties of that teacher's position for a period not to exceed 35 consecutive teaching days. Such substitutes need not hold a current license, but preference shall be given to those substitutes who are properly licensed.
(b) If the absence of the regular, licensed, or authorized teacher continues for more than 35 consecutive teaching days, the substitute may be placed under contract if licensed or the local board of trustees shall place a licensed teacher under contract. If the local board of trustees makes a written declaration to the Superintendent of Public Instruction that no licensed teacher is available, the district shall pursue the employment of a teacher authorized under the provisions of ARM 10.57.107.
(2) Any nonlicensed substitute teacher shall complete a minimum of three hours of training, as approved by the school district local board of trustees.
(3) through (4)(b) remain the same.
(c) The district shall 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) remains the same.
(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 an Montana-accredited public school in Montana prior to November 28, 2002 and who has continued to substitute yearly thereafter.
AUTH: 20-4-102, MCA
IMP: 20-4-102, MCA
10.55.717 ASSIGNMENT OF PERSONS PROVIDING INSTRUCTION TO BRAILLE STUDENTS (1) No certified 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) through (7) remain the same.
AUTH: 20-2-114, MCA
IMP: 20-1-121, 20-7-475, MCA
10.55.801 SCHOOL CLIMATE (1) The local board of trustees shall:
(a) encourage cooperative and harmonious relationships among staff, students, parents, trustees, and community;
(b) determine whether or not its staff turnover is excessive and, if it is, the reasons why;
(c) create teaching and learning conditions that meet the district's educational goals and attract and maintain a quality staff;
(d) remains the same but is renumbered (a).
(b) create teaching and learning conditions that meet the district's educational goals and recruit and maintain a quality staff;
(e) and (f) remain the same but are renumbered (c) and (d).
(g) (e) inform students, parents, families, and guardians of the school's expectations and of students' rights and responsibilities;
(h) remains the same but is renumbered (f).
(i) (g) encourage the active involvement of parents, families, and guardians in their children's education and in their school; and
(j) (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.
AUTH: 20-2-114, MCA
IMP: 20-2-121, 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 to each person regardless of race, color, sex, race, marital status, national origin, or physical or mental disability culture, social origin or condition, or political or religious ideas, with prejudice toward none. This includes programs, facilities, textbooks educational materials, curriculum, counseling, library services, and extracurricular activities.
AUTH: Montana Constitution, Article II, Section 4, 20-2-114, MCA
IMP: Montana Constitution, Article II, Section 4, 20-2-121, 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 for assessing the educational needs of its students.
(2) In developing curricula implementing curriculum in all program areas, the local board of trustees shall:
(a) provide learning experiences matched to students' interests, readiness, and learning styles;
(b) take into account 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) develop an understanding of the ensure integration of the history, values contemporary portrayals, and contributions of Montana's American Indians, with an emphasis on Montana Indians, across all content areas for all students;
(d) provide learning resources that are relevant, culturally relevant, inclusive, and current;
(e) remains the same.
(f) provide equal access to learning resources, including technology;
(g) provide instructional materials which are sequential and compatible with previous and future offerings that support the adopted curricula; and
(h) provide books and materials that reflect authentic historical and contemporary portrayals of American Indians; and.
(i) (3) The local board of trustees shall identify, using the school's own appropriate criteria, students who may be at risk or in need of special services.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.804 GIFTED AND TALENTED (1) Schools Districts shall provide educational services to gifted and talented students that are commensurate to their needs, and foster a positive self-image.
(2) Each school district shall comply with all federal and state laws and regulations addressing gifted education.
(3) Each school district shall provide structured support and assistance to teachers in identifying and meeting the diverse student needs of gifted and talented students, and shall provide a framework for considering a full range of alternatives for addressing student needs.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.805 SPECIAL EDUCATION (1) Each school district shall comply with all federal and state laws and regulations addressing provide educational programs and services to students eligible to receive special education services as identified under IDEA.
(2) Each school district shall provide structured support and assistance to regular education teachers in identifying and meeting diverse student needs, and shall provide a framework for considering a full range of alternatives for addressing student needs comply with all federal and state laws and regulations addressing special education.
(3) Students with disabilities shall be given opportunities to become confident, dignified, and self-sufficient members of society. Each district shall provide structured support and assistance to regular education teachers in identifying and meeting the diverse needs of students receiving special education services.
(4) A student eligible to receive special education services as identified under IDEA and who has successfully completed the goals identified on an individualized education program for high school completion shall be awarded a diploma.
AUTH: 20-2-114, MCA
IMP: 20-2-121, 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 and performance standards and content-specific grade-level learning progressions.
AUTH: 20-2-114, MCA
IMP: 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 and performance standards and content-specific grade-level learning progressions.
(2) In order to receive funding at the high school rate for Grades The Board of Public Education, upon recommendation of the Superintendent of Public Instruction, may approve a 7 and 8, the grade program that must follow either the middle school philosophy and components described in (3) or the departmentalized philosophy and components (often seen in junior high settings) described in (4).
(3) An officially recognized middle school must be approved by the The Board of Public Education, upon recommendation of the Superintendent of Public Instruction. , may approve a middle school program that:
(a) A middle school specifically 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) through (iii) remain the same.
(b) incorporates Ccritical and creative thinking, career awareness, lifelong learning, and safety; must be incorporated in the school program.
(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;
(d) includes, at a minimum, the following program areas, shall be required of all students yearly:
(i) communication English language arts including, but not limited to literature, reading, writing, speaking and listening, media literacy;
(ii) mathematics including, but not limited to written and mental computation and problem solving;
(iii) through (v) remain the same.
(d) (e) Aat a minimum, the middle school curriculum shall maintains in balance the following required program areas:
(i) and (ii) remain the same.
(iii) vocational career and technical education courses or pathways such as agriculture, business education, family and consumer sciences, health occupations, and industrial arts technology education, and marketing; and
(iv) remains the same.
(e) (f) offers as electives to all students Eexploratory courses such as creative writing, dance, drama, financial education, photography, and leadership shall be offered as electives to all students.
(4) A junior high (grades 7-9) or 7-8 school for middle grades must offer an educational program, aligned to the program area standards, that enables all students to meet the content and performance standards and content-specific grade-level progressions. The educational program shall be designed to familiarize students with the high school setting and provide content-specific instruction.
(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.
(a) (b) All students shall complete the following program areas each year:
(i) communication arts English language arts--1 unit;
(ii) through (v) remain the same.
(b) remains the same but is renumbered (c).
(i) and (ii) remain the same.
(iii) vocational career and technical education--1/2 unit; and
(iv) world languages and cultures--1/2 unit.
(c) (d) A unit is defined as the equivalent of at least 225 8100 minutes per week for one school year.
(d) remains the same but is renumbered (e).
AUTH: 20-2-114, MCA
IMP: 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 and performance standards and content-specific grade-level learning progressions.
(2) 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.
(2) (3) Minimum offerings shall include at least the following:
(a) through (d) remain the same.
(e) 2 units of vocational/ career and technical education;
(f) through (i) remain the same.
AUTH: 20-2-114, MCA
IMP: 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 and performance standards and content-specific grade-level learning progressions.
(2) through (2)(e) remain the same.
(f) 1 unit of arts; and
(g) 1 unit of vocational/ career and technical education.
(3) and (4) remain the same.
AUTH: 20-2-114, MCA
IMP: 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 unit of credit shall be given for satisfactory completion of a full-unit course.
(a) A unit of credit is defined as the equivalent of at least 225 8100 minutes per week for one year.
(b) remains the same.
(2) A student who is unable to attend class for the required amount of time may be given fractional credit for partial completion of a course, with the local administrator's board of trustee's permission.
(3) Each governing authority The local board of trustees may waive specific course requirements based on individual student needs and performance levels. Waiver requests shall also be considered with respect to age, maturity, interest, and aspirations of the students and shall be in consultation with the parents or guardians.
(4) With the permission of the school district local board of trustees, a student may be given credit for a course satisfactorily completed in a period of time shorter or longer than normally required and, provided that the course meets the district's curriculum and assessment requirements, which are aligned with the content and performance standards stated in the education program. Examples of possible acceptable course work include those delivered through correspondence, and extension courses, and distance learning courses, adult education, summer school, work study, specially designed courses, and challenges to current courses. Any aAcceptable programs must be consistent with the local board of trustees' policy.
(a) Any Montana high schools shall accept such units of credit taken with the approval of the accredited Montana high school in which the student was then enrolled and which appear on the student's official transcript.
AUTH: 20-2-114, MCA
IMP: 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 meet the learner expectations adopted by the school district and at a minimum be aligned with state content and performance standards and content-specific grade-level learning progressions.
(c) A Annually, by the first Monday in June, a school district shall provide a report to the Superintendent of Public Instruction documenting how it is meeting the needs of students under the accreditation standards who are taking a majority of courses during each grading period via distance, online, and/or technology-delivered programs all distance, online and technology-delivered courses, student enrollments, and the digital content providers.
(3) and (3)(a) remain the same.
(i) The provisions of (3) and (3)(a) shall not be effective until July 1, 2009.
(b) and (c) remain the same.
(d) The school district must ensure that the distance, online, and technology-delivered learning facilitators receive in-service training on technology-delivered instruction pertaining to:
(i) the course organization;
(ii) classroom management;
(iii) technical aspects of the delivery method;
(iv) strategies for use of distance learning;
(v) monitoring of student testing;
(vi) and securing other services as needed.
(4) remains the same.
(5) All providers or coordinating entities of distance, online, and technology delivered learning programs shall annually, no later than October 1: 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 all the Montana school districts to whom they are providing distance, online, and technology delivered programs and/or courses served in the current school year by the digital content provider, including the courses and student enrollments for each school district served; and
(c) document the professional qualifications, including Montana teacher licensure and endorsement, of their teachers of distance, online, and technology-delivered programs and/or courses; by providing names and credentials of other licensing entities, when not licensed and endorsed in Montana.
(d) provide the course description including the content and delivery model for each distance, online, and technology delivered program and/or course provided to Montana schools; and
(e) demonstrate that the students they serve have ongoing contact with their teachers of distance, online, and technology delivered learning programs and/or courses.
AUTH: 20-2-114, MCA
IMP: 20-2-121, 20-3-106, 20-7-101, MCA
10.55.908 SCHOOL FACILITIES (1) School facilities shall be constructed, maintained, and supervised in accordance with all applicable local, state, and national federal codes, regulations, and laws.
(2) School facilities shall be of sufficient size and arrangement to meet all programs' educational goals.
(3) The local board of trustees shall provide for educational facilities which are pleasant functional and reasonably safe for the conduct of the educational and extracurricular activities of students, and which will meet federal accessibility standards.
(4) The school shall provide the necessary equipment for emergency nursing care and first aid.
(5) When the local board of trustees considers major remodeling or building a facility, it shall seek facility expertise in all affected program areas as well as comments from faculty, students, and community.
(6) The local board of trustees shall have in writing a written policy that defines the use of school facilities and resources.
AUTH: 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.909 STUDENT RECORDS (1) remains the same.
(2) The local board of trustees shall establish policies and procedures for the use and transfer of student records that are in compliance with 20-1-213, MCA, and state and federal laws governing individual privacy. All educational records collected and maintained by a school shall be kept in a confidential manner according to the implementing regulations of the Family Educational Rights and Privacy Act (FERPA) at 34 CFR part 99.
(3) The local board of trustees shall develop a process for destruction of records pursuant to 20-1-213, MCA, including nonpermanent student records. Nonpermanent student records are records retained in a central file maintained by the school containing a student's cumulative educational records, which are not retained as a student's permanent record detailed in (1).
(3) remains the same but is renumbered (4).
AUTH: 20-1-213, 20-2-114, MCA
IMP: 20-2-121, MCA
10.55.910 STUDENT DISCIPLINE RECORDS (1) Each school shall maintain a record of any disciplinary action that is educationally related, with explanation, taken against the student. When a local board of trustees takes disciplinary action against a student, the board must take minutes of the action taken, with detailed explanation, even if the disciplinary action is decided during a closed session. For the purpose of this rule, a disciplinary action that is educationally related is an action that results in the expulsion or out-of-school suspension of the student. This record must be maintained/destroyed consistent with Montana Local Government Records Schedule 7, and is subject to transfer to a local educational agency, or accredited school, or pursuant to 10-1-213(4), MCA. Upon request, a copy of this record shall be sent to a nonpublic school pursuant to 20-1-213(7), MCA, and the No Child Left Behind Act, 20 USC 6301.
AUTH: 20-2-114, MCA
IMP: 20-1-213, 20-2-121, MCA
10.55.1001 DISTRICT'S RESPONSIBILITIES FOR PROGRAM DELIVERY STANDARDS (1) It is the school district's local board of trustees' responsibility to incorporate ensure the district's curricula align with the state content and performance standards into its curriculum, implementing them sequentially and content-specific grade-level learning progressions.
AUTH: 20-2-114, MCA
IMP: 20-2-121, 20-3-106, 20-7-101, MCA
10.55.1003 PROGRAM FOUNDATION STANDARDS (1) The purpose of all programs is to develop and apply knowledge and skills necessary to pursue lifelong goals and opportunities.
(2) Program foundation standards are the common conditions, and practices, and resources that cross will be evident in all programs within a school system to ensure that all students have educational opportunity to learn, develop, and demonstrate learning to in the content and performance standards and content-specific grade-level learning progressions. All programs shall follow the content and performance standards in the accreditation rules of Montana. In addition, all programs shall work to The local board of trustees shall:
(a) meet the following conditions:
(i) incorporate in curricular programs the distinct and unique cultural heritage of American Indians ensure integration of the history, contemporary portrayals, and contributions of American Indians, with an emphasis on Montana Indians, for all students, across all content areas;
(ii) provide effective health enhancement instruction to all grades and to provide such instruction on a daily basis as part of the basic elementary education program;
(iii) provide physically, emotionally, and educationally safe and supportive learning and working environments, including environments free from bullying, intimidation and harassment;
(iv) (ii) ensure an educational climate that promotes academic freedom and respect for diversity (e.g., gender, race, ethnicity, economic status, native language, disability, special gift and talent) with prejudice toward none;
(v) (iii) maintain high expectations for student performance, and behavior, and challenge every student at his/her level of need that stimulates a desire for lifelong learning; and
(vi) (iv) encourage collaboration among school personnel to plan, assess, and support instruction; and.
(vii) build school calendars and schedules based upon instructional needs.
(b) include the following practices:
(i) align local curricula with the Montana content and performance standards;
(ii) offer engaging and relevant experiences that enable students to develop effective communication skills for fulfillment in their personal lives, workplaces, and communities;
(iii) (ii) teach ethical behavior, including use of technology (social media) and the implications of one's choices;
(iv) remains the same but is renumbered (iii).
(v) (iv) encourage the use of the inquiry process and the application of multiple thinking, decision-making, and problem-solving skills challenge students to think creatively and critically, and use the inquiry process to solve problems and make informed decisions;
(vi) (v) emphasize common unifying themes or principles that build on students' prior experiences encourage interdisciplinary instruction;
(vii) (vi) provide learning experiences that connect the disciplines and transfer learning from one context to another use relevant data to inform decision making, modify instruction, and increase student learning; and
(viii) (vii) integrate information literacy skills, technology tools, and workplace competencies to support learning in all curricular areas.; and
(c) provide the following resources:
(i) access to regional, community, and school-based resources for teaching and learning;
(ii) qualified staff necessary to support the instructional process, including elementary teachers (00 endorsement) with at least ten semester credits in assigned subject areas when teaching departmentalized grades 5-8;
(iii) (viii) provide equitable access to all facilities, technology, equipment, materials, and services necessary to support the instructional process;.
(iv) time for professional development that supports learning for all;
(v) a well-conceived mentoring program for teachers in the first three years of teaching; and
(vi) access to a variety of current technologies and information resources (e.g., libraries, databases, computer networks, videos).
AUTH: 20-2-114, MCA
IMP: 20-2-121, 20-3-106, 20-7-101, MCA
5. The effective date of the rules being adopted and the amendments to the rules in ARM Title 10, chapter 55 is July 1, 2013.
6. 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. The last comprehensive review of these standards was completed in 2000.
The Board of Public Education and the Office of Public Instruction facilitated the comprehensive review process to amend ARM Title 10, chapter 55, Standards of Accreditation, with input from a joint task force comprised of education stakeholders appointed by the board and the superintendent.
To implement the work of the task force as recommended by the superintendent to the board, the new rules address the requirements for internships and specify policy requirements related to student protection. The task force also concluded that it was necessary to include 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; specify requirements and deadlines for distance and online learning; clarify student records requirements; 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: Peter Donovan, Executive Secretary, 46 North Last Chance Gulch, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0302; fax (406) 444-0847; or e-mail pdonovan@mt.gov and must be received no later than 5:00 p.m., August 23, 2012.
8. Peter Donovan, Executive Secretary for the 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 board. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 7 above or may be made by completing a request form at any rules hearing held by the board.
10. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
11. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ Peter Donovan /s/ Patty Myers
Peter Donovan Patty Myers, Chair
Rule Reviewer Board of Public Education
Certified to the Secretary of State July 16, 2012.
