Montana Administrative Register Notice 10-64-261 No. 2   01/31/2013    
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In the matter of the amendment of ARM 10.64.301 relating to school bus requirements






TO:  All Concerned Persons


            1.  On February 28, 2013 at 9:00 a.m. the Board of Public Education will hold a public hearing in the Superintendent's conference room at 1227 11th Avenue, Helena Montana, to consider the proposed amendment of the above-stated rule.


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 February 21, 2013, 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 rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


10.64.301  SCHOOL BUS REQUIREMENTS  (1)  The Board of Public Education adopts and incorporates herein the Standards for School Buses in Montana – 2002 2012.  A copy of this document is available from the Board of Public Education, P.O. Box 200601, Helena, Montana 59620-0601 or from the Office of Public Instruction, Pupil Transportation Division, P.O. Box 202501, Helena, Montana 59620-2501 and is available at the following web address: http://www.opi.mt.gov/pdf/PupilTransport/12ProposedBusStandards.pdf.

(2)  The Board of Public Education adopts standards for school buses in Montana in part from the 2000 National School Transportation Specifications and Procedures, as recommended adopted in 2010 by the Fifteenth nNational conference Congress on sSchool tTransportation (NCST).  The interpretation committee of the NCST occasionally issues an interpretation on one or more of its recommended adopted specifications and procedures.  Any interpretation made adopted by the NCST interpretations committee shall be the official interpretation of the corresponding Montana standards unless that interpretation is specifically redefined or preempted by a corresponding Montana standard, law, or regulation.  The National School Transportation Specifications and Procedures and additional information regarding the NCST are available at www.NCSTOnline.org. 


AUTH:  20-2-121, MCA

IMP:      20-10-111, MCA


            4.  REASON:  The Board of Public Education must prescribe minimum standards consistent with the recommendations adopted by the National Congress (previously "conference") on School Transportation (NCST).  The NCST has revised and adopted specifications and procedures for school buses.  It is necessary for the BPE to amend ARM 10.64.301 to update the Standards for School Buses in Montana to be consistent with the 2010 National School Transportation Specifications and Procedures.  The Montana Pupil Transportation Advisory Council and OPI staff conducted a comprehensive review of the 2002 Standards for School Buses in Montana.  The revised version, Standards for School Buses in Montana - 2012, also needs to be incorporated into the rules.


5.  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. February 28, 2013.


6.  Peter Donovan, Executive Secretary for the Board of Public Education has been designated to preside over and conduct this hearing.


7.  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 5 above or may be made by completing a request form at any rules hearing held by the board.


8.  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.


9.  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 January 22, 2013.

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