Montana Administrative Register Notice 10-54-288 No. 12   06/21/2019    
Prev Next




In the matter of the adoption of New Rule I pertaining to deadlines for Transformational Learning Aid









TO: All Concerned Persons


1. The Board of Public Education (board) proposes to adopt the above-stated rule.


2. The board will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the board no later than 5:00 p.m. on July 5, 2019, to advise us of the nature of the accommodation that you need. Please contact Pete Donovan, Executive Director, 46 N. Last Chance Gulch, Suite 2B, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0300; fax (406) 444-0847; or e-mail pdonovan@mt.gov.


3. The rule as proposed to be adopted provides as follows:


NEW RULE I  DEADLINES FOR APPLICATIONS (1)  For applications submitted for transformational learning aid in 2019, the following deadlines apply:

(a)  the opening date for applications is October 1, 2019; and

(b)  the closing date for applications is November 1, 2019.


AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, MCA, Chapter 402, L. 2019

IMP: Mont. Const. Art. X, sec. 9, Chapter 402, L. 2019


REASON: The board proposes to adopt the proposed rule to meet the requirement in HB 351 (2019) (Chapter 402, Laws of 2019) that the board establish by rule the deadlines for applications. The Superintendent of Public Instruction recommended the proposed deadlines to the board, after consultation with statewide education organizations, because the deadlines provide a reasonable time for school districts to prepare and file applications and provide a reasonable time for review of and decision on the applications prior to distribution of funds. The Superintendent of Public Instruction determined that the proposed deadlines are administrative in nature and, thus, the negotiated rulemaking process was unnecessary.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Pete Donovan, Executive Director, Board of Public Education, 46 N. Last Chance Gulch, Suite 2B, P.O. Box 200601, Helena, Montana, 59635; telephone (406) 444-0300; fax (406) 444-0847; or e-mail pdonovan@mt.gov, and must be received no later than 5:00 p.m., July 19, 2019.


5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Pete Donovan at the above address no later than 5:00 p.m., July 19, 2019.


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


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


8. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by phone on May 21, 2019.


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



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

Executive Director                                      Dr. Darlene Schottle

Rule Reviewer                                            Chair

                                                                   Board of Public Education


Certified to the Secretary of State June 11, 2019.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security