reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.30 - Definitions › Rule 10.16.3019A - RESPONSE TO SCIENTIFIC, RESEARCH BASED INTERVENTION IN LEARNING DISABILITY IDENTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A student
				may be determined to have a specific learning disability based on an
				insufficient response to scientific, research based interventions resulting in
				a low level of academic achievement. Insufficient response to interventions
				occurs when, despite the implementation of the interventions over a sustained
				period of time, the student is not achieving adequately based on the student's
				age or grade level based on state approved K-12 content standards.
(a) Scientific, research based interventions
				are:
(i) matched to the specific needs of the
				student as identified through systematic, data-based processes for examining
				the presenting problem, including parental input, to identify instructional
				interventions that have a high likelihood of success;
(ii) focused on changing the instructional
				strategies or techniques used with the student; and
(iii) regularly monitored for student
				progress and correct implementation via regular and frequent data collection,
				and analysis and modification of interventions as necessary based on data
				analysis.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.30 - Definitions › Rule 10.16.3019B - SEVERE DISCREPANCY IN LEARNING DISABILITY IDENTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A student may be determined to have a
				specific learning disability based on a severe discrepancy between the
				student's intellectual ability and achievement in one or more of the areas
				listed in ARM
				10.16.3019.
(a) A severe discrepancy is defined as a 50
				percent or higher probability of a two standard deviation discrepancy between
				general cognitive ability and achievement in one or more of the areas
				identified in ARM
				10.16.3019 when adjusted for
				regression to the population mean.
(b) Error in test measurement requires
				judgment for students who score near two standard deviations below the
				population mean. When exercising this judgment, consideration of additional
				information, such as classroom performance relative to the student's
				performance on norm referenced tests, shall be used as the basis for
				determining the severe discrepancy.
(c) Alternatives to norm referenced tests,
				such as curriculum-based assessments, shall be utilized to determine severe
				discrepancy whenever cultural factors, test conditions, size of test item
				sampling for the student's age, or other factors render standardized assessment
				results invalid. When utilizing alternative assessment procedures, a
				determination must still be made that a discrepancy between ability and
				achievement exists at a level of severity similar in size to the discrepancy
				that would have otherwise been found in (1)(a).
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.30 - Definitions › Rule 10.16.3019C - DOCUMENTATION REQUIREMENTS IN LEARNING DISABILITY IDENTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Evaluation teams shall document
				evaluation team findings under ARM
				10.16.3019A or
				10.16.3019B and:
(a) the student's academic performance in the
				regular classroom setting through observation.
(i) Requirements for documentation of
				observation may be met by observation of routine classroom instruction and
				monitoring of the student's performance that was done before the child was
				referred for an evaluation or have at least one member of the group described
				in
				34 CFR
				300.306 (a)(1) conduct an observation of the
				child's academic performance in the regular classroom after the child has been
				referred for an evaluation and parental consent, consistent with
				34 CFR 300.300
				(a), is obtained.
(ii) In the case
				of a student of less than school age or out of school, a team member shall
				observe the student in an environment appropriate for a student of that
				age.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.30 - Definitions › Rule 10.16.3020 - CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING SPEECH-LANGUAGE IMPAIRMENT

Current through Register Vol. 13, July 5, 2024
(1) The student may be identified as having a
				speech-language impairment if the student has a significant deviation in speech
				such as fluency, articulation or voice, or in the ability to decode or encode
				oral language which involves phonology, morphology, semantics or pragmatics or
				a combination thereof.
(a) The student has a
				significant deviation in oral performance if the student's performance on
				standardized test is two standard deviations below the population mean, or
				between 1.5 and two standard deviations below the population mean, and there is
				documented evidence over a six month period prior to the current evaluation of
				no improvement in the speech-language performance of the student even with
				regular classroom interventions.
(b) For articulation, a significant deviation
				is consistent articulation errors persisting one year beyond the highest age
				when 90 percent of the students have acquired the sounds based upon specific
				developmental norms.
(c) If norm
				referenced procedures are not used, alternative assessment procedures shall
				substantiate a significant deviation from the norm.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.30 - Definitions › Rule 10.16.3021 - CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING TRAUMATIC BRAIN INJURY

Current through Register Vol. 13, July 5, 2024
(1) The student may be identified as having
				traumatic brain injury if the student has an acquired injury to the brain
				caused by external physical force which adversely affects the student's
				functional or psychosocial ability or both and the student's ability to learn
				or participate in the local educational agency's education program.
(2) The term traumatic brain injury applies
				to open or closed head injuries resulting in impairments in one or more areas
				such as cognition; language; memory; attention; reasoning; abstract thinking;
				judgment; problem-solving; sensory, perceptual, and motor abilities;
				psycho-social behavior; physical function; information processing; and
				speech.
(3) The student may not be
				identified as having a traumatic brain injury if the injury to the brain is
				congenital, degenerative, or caused by birth trauma.
20-7-402,
					 MCA; IMP,
					 20-7-401,
					 20-7-403,
					 20-7-414,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.30 - Definitions › Rule 10.16.3022 - CRITERIA FOR IDENTIFICATION OF STUDENT AS HAVING VISUAL IMPAIRMENT

Current through Register Vol. 13, July 5, 2024
(1) The student may be identified as having a
				visual impairment if the student has:
(a) an
				impairment in vision that, even with correction, adversely affects the
				student's educational performance; or
(b) a medically indicated expectation of
				visual deterioration that would qualify the child as having a visual impairment
				as described in (1)(a).
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3121 - SUPERINTENDENT OF PUBLIC INSTRUCTION'S RESPONSIBILITY FOR FREE APPROPRIATE PUBLIC EDUCATION (FAPE)

Current through Register Vol. 13, July 5, 2024
(1) The
				Superintendent of Public Instruction shall ensure that all students with
				disabilities, ages 3 through 18 inclusive, including students with disabilities
				who have been suspended or expelled from school, are provided a free
				appropriate public education (FAPE) in accordance with the Individuals with
				Disabilities Education Act (IDEA) (
				20
				USC, sections 1401 through
				1485 ) and its
				implementing regulations (34 CFR, part 300), the Montana statutes pertaining to
				special education (Title 20, chapter 7, part 4, MCA), and the administrative
				rules promulgated by the Superintendent of Public Instruction governing special
				education (ARM Title 10, chapter 16).
(2) The Superintendent of Public Instruction
				shall ensure that when local educational agencies provide education to students
				ages 19, 20, or 21, students of the same age with disabilities are provided
				FAPE in accordance with IDEA.
(3)
				The Superintendent of Public Instruction shallensure that all students with
				disabilities referred to or placed in private schools by a public agency
				receive the rights and protections under IDEA.
(4) If a local educational agency fails to
				provide FAPE for a student with disabilities in accordance with IDEA, the
				Superintendent of Public Instruction shall take immediate steps to ensure FAPE
				is made available to the student with disabilities.
(a) The Superintendent of Public Instruction
				may initiate one or more of the following options to ensure that FAPE is made
				available for the student with disabilities:
(i) provide FAPE directly;
(ii) contract for services to provide
				FAPE;
(iii) provide an
				out-of-district placement in accordance with least restrictive environment
				regulations of IDEA;
(iv) recommend
				to the Board of Public Education withholding of state education
				funds;
(v) deny in whole or part
				IDEA-B federal funds; or
(vi)
				recommend to the Board of Public Education a change in accreditation
				status.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3125 - LOCAL EDUCATIONAL AGENCY CHILD FIND RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) Each local educational agency shall
				establish procedures consistent with the requirements under the Individuals
				with Disabilities Education Act and state administrative rules to ensure that
				all students with disabilities living within the boundaries of the local
				educational agency regardless of the severity of their disability are
				identified, located, and evaluated including a practical method to determine
				which students are currently receiving needed special education and related
				services.
(a) The procedures shall include a
				method to screen and develop criteria for further assessment for children
				between the ages of birth to 21 including all children in public and private
				agencies, and children who are highly mobile, migrant, homeless, or wards of
				the state.
(b) At a minimum, the
				procedures must:
(i) name the title of the
				person responsible for the coordination, implementation, and documentation of
				the child find procedures;
(ii)
				describe student identification activities including audiological, health,
				speech/language, and visual screening, and review of data or records for
				students who have been or are being considered for retention, delayed
				admittance, long term suspension or expulsion, waiver of learner outcomes
				(accreditation standards), regular education intervention and progress
				monitoring procedures and procedures for identification of children who are
				suspected of being a child with a disability even though they are advancing
				from grade to grade;
(iii) describe
				the role and responsibilities, if any, of other public or private
				agencies;
(iv) identify the
				procedures of the local education agency for identification of a student as
				having a specific learning disability. If a local educational agency adopts
				procedures to use a response to scientific, research based intervention in
				learning disability identification, it must identify the subject areas
				(language arts, math, reading), grades, and schools for which such procedures
				apply; and
(v) ensure the
				collection and use of data are in accordance with the confidentiality
				requirements of
				34
				CFR 300.611 through
				300.627.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3129 - PARENTAL INVOLVEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 20-7-414,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3132 - INTERAGENCY COORDINATION FOR PART C, IDEA

Current through Register Vol. 13, July 5, 2024
(1)
				The Superintendent of Public Instruction shall develop and implement
				interagency agreements with the Department of Public Health and Human Services
				for the purpose of coordinating on transition matters between Part C and Part B
				of IDEA.
(2) The agreement shall
				include policies and procedures relating to a smooth and effective transition
				for those children participating in the early intervention program under Part C
				of IDEA who will participate in preschool programs assisted under Part B of
				IDEA, including:
(a) determining financial
				responsibilities of agencies;
(b)
				identifying responsibilities for performing evaluations;
(c) developing and implementing educational
				programs;
(d) coordinating
				communication between agencies;
(e)
				participating in transition planning conferences; and
(f) ensuring an individualized education
				program has been developed and implemented by the student's third
				birthday.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3135 - COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT

Current through Register Vol. 13, July 5, 2024
(1) The Superintendent of Public Instruction
				shall establish procedures for the development and conduct of a comprehensive
				system of personnel development. The procedures shall include:
(a) Analysis of state and local needs for
				professional development for personnel to serve students with disabilities that
				includes at a minimum:
(i) identification of
				preservice and professional development training needs to address personnel
				shortages and requirements for provision of qualified personnel;
(ii) review of the Annual Performance Report
				results in collaboration with the state Special Education Advisory Panel to
				identify statewide training needs to improve outcomes for students with
				disabilities consistent with the State Performance Plan;
(iii) implementation of a statewide needs
				assessment to identify specific professional development needs of special
				education and related services personnel conducted at least every third
				year.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3136 - SPECIAL EDUCATION PROFESSIONAL STAFF QUALIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Special education teachers and related
				service personnel must hold licenses consistent with state licensing or
				educator licensing requirements for the subjects they teach and the services
				they provide.
(a) Supervisors of special
				education teaching personnel must have a Class 3 administrator's certificate
				with a principal's endorsement or a supervisor's endorsement in special
				education.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3141 - SUPERINTENDENT OF PUBLIC INSTRUCTION RESPONSIBILITY FOR MONITORING

Current through Register Vol. 13, July 5, 2024
(1) The Superintendent of Public Instruction
				shall provide an ongoing and systematic monitoring process consistent with the
				requirements of
				34 CFR
				300.600 through
				300.602
				and
				300.606 through
				300.608 to
				ensure compliance with IDEA and its implementing regulations at 34 CFR, part
				300, and Montana statutes pertaining to special education at Title 20, chapter
				7, part 4, MCA, and implementing administrative rules at ARM Title 10, chapter
				16. The procedures shall apply to all educational programs for students with
				disabilities including those administered by other state agencies and
				educational programs for students with disabilities referred to or placed in
				private schools by a public agency.
(a) The
				procedures shall include:
(i) review of local
				educational agency policies, procedures, services, and performance
				data;
(ii) determination of the
				need for further information, on-site visitation, training, technical
				assistance, or intervention;
(iii)
				development of strategies to enable the local educational agency to improve
				services, educational practices, and outcomes for students with
				disabilities;
(iv) Superintendent
				of Public Instruction review of the performance of each local educational
				agency on the targets in the state's performance plan in accordance with
				34 CFR 300.608
				and
				300.646;
				and
(v) procedures for
				identification of noncompliance and its correction including:
(A) the local educational agency's response
				to the findings;
(B) written
				documentation verifying immediate discontinuance of the violation, elimination
				of any continuing effects of past violations, and prevention of the occurrence
				of any future violations and the steps taken to address the violation;
				and
(C) verification of compliance
				by the Superintendent of Public Instruction.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3142 - INTERAGENCY AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				Superintendent of Public Instruction shall develop and implement interagency
				agreements with the Board of Public Education, departments of Public Health and
				Human Services and Corrections for the purpose of describing the role that each
				of these agencies plays in providing for special education or related
				services.
(2) The interagency
				agreement shall define the financial responsibility of each agency for
				providing a free appropriate public education and establish procedures for
				resolving interagency disputes among parties to the agreement, and establish
				procedures under which local educational agencies may initiate proceedings in
				order to secure reimbursement from agencies that are parties to the agreements
				or otherwise implement the provisions of the agreements.
(3) The interagency agreement shall designate
				the rules, regulations, and educational standards applicable to educational
				services administered by other public agencies and the monitoring role of the
				Superintendent of Public Instruction.
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3143 - SPECIAL EDUCATION DATA COLLECTION AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1) The Superintendent of Public Instruction
				shall annually:
(a) collect and report valid
				and reliable data consistent with the requirements of the Individuals with
				Disabilities Education Act (IDEA) and its implementing regulations at
				34 CFR
				300.601 through
				300.602
				and 34 CFR 300.640 through 300.646;
(b) publicly report data as required under
				the IDEA in a manner that does not result in disclosure of data identifiable to
				individual children and consistent with the requirements of the Family
				Educational Rights and Privacy Act (FERPA); and
(c) conduct validation checks and an analysis
				of data submitted by the local educational agencies to ensure validity as well
				as to determine if local educational agencies met performance targets
				established in the State Performance Plan.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3145 - PROCEDURES FOR RECOVERY OF FEDERAL FUNDS FOR MISCLASSIFIED CHILDREN (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3146 - FAILURE TO RETURN FEDERAL FUNDS FOR SERVICES TO MISCLASSIFIED CHILDREN (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3150 - STATE ADVISORY PANEL

Current through Register Vol. 13, July 5, 2024
(1) The
				Superintendent of Public Instruction shall establish and maintain the State
				Advisory Panel in accordance with
				34 CFR
				300.167 through
				300.169.
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3172 - ACCESS TO INSTRUCTIONAL MATERIALS

Current through Register Vol. 13, July 5, 2024
(1) The
				Superintendent of Public Instruction shall adopt the National Instructional
				Materials Accessibility Standard (NIMAS).
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3180 - NOTICE OF AVAILABILITY OF FEDERAL FUNDS

Current through Register Vol. 13, July 5, 2024
(1)
				The Superintendent of Public Instruction shall annually provide written notice
				of the availability of federal funds under IDEA.
(2) The notice shall include:
(a) procedures for applicants to follow in
				completing and submitting application for federal funds under IDEA;
(b) amount of the federal funds and the
				period during which the local educational agency may obligate funds;
(c) goals and objectives for use of the
				funds;
(d) description of state and
				federal requirements to which the local educational agency must comply to
				receive funds;
(e) Superintendent
				of Public Instruction's procedure for approving applications;
(f) requirements for project
				reports;
(g) a statement of a local
				educational agency's obligation to make the application and any evaluations,
				periodic program plans, or reports required by the Superintendent of Public
				Instruction for this project available for public inspection; and
(h) an application form and an offer of
				technical assistance from the Superintendent of Public Instruction.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3181 - LOCAL EDUCATIONAL AGENCY FEDERAL FUNDS APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) In order to receive federal funds under
				IDEA, a local educational agency shall annually submit an application to the
				Superintendent of Public Instruction in accordance with application
				instructions and within announced timelines.
(a) A local educational agency may submit a
				single district application if it has:
(i) an
				entitlement of $7500 or more; and
(ii) established, satisfactory to the
				Superintendent of Public Instruction, special education and related services
				which provide a free appropriate public education to students with
				disabilities.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3194 - SUPERINTENDENT OF PUBLIC INSTRUCTION NOTIFICATION TO LOCAL EDUCATIONAL AGENCY OF INELIGIBILITY TO RECEIVE FUNDS UNDER PART B

Current through Register Vol. 13, July 5, 2024
(1) Local educational agency federal funds
				applications shall be consistent with state and federal regulations and be
				completed according to application instructions and timelines as stated in
				notice of availability of federal funds.
(2) The Superintendent of Public
				Instruction's approval procedures shall include:
(a) consideration of a local educational
				agency's response to program monitoring and the early assistance program as
				defined in ARM
				10.16.3660, complaint
				investigation or due process hearing decisions which are adverse to the local
				educational agency;
(b)
				consideration of any previous Superintendent of Public Instruction or Board of
				Public Education decisions resulting in withholding of funds;
(c) determination of maintenance of fiscal
				effort; and
(d) consideration of an
				approved program narrative.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3196 - OFFICE OF PUBLIC INSTRUCTION DISAPPROVAL OF FEDERAL FUNDS: OPPORTUNITY FOR HEARING (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.32 - State and Local Eligibility - Specific Conditions › Rule 10.16.3220 - PROGRAM NARRATIVE

Current through Register Vol. 13, July 5, 2024
(1) Each local
				educational agency or education cooperative must have on file with the
				Superintendent of Public Instruction a written program narrative that describes
				policies and procedures used for the provision of special education and related
				services within the local educational agency or education cooperative. The
				policies, procedures, and services in the narrative shall be consistent with
				state policies and address the requirements of
				34 CFR
				300.101 through
				300.163
				and 34 CFR 300.165 through 174.
(2)
				If a local educational agency participates in an education cooperative under
				20-7-451
				and
				20-7-457,
				MCA, the local educational agency must submit a single program narrative
				through the cooperative.
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 20-7-414,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.33 - Services › Rule 10.16.3320 - REQUEST FOR INITIAL EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) In
				accordance with
				34 CFR
				300.301 (b) either a parent or a public
				agency, as defined in
				34
				CFR 300.33, may initiate a request for an
				initial evaluation.
(2) A local
				educational agency shall establish procedures for requesting an initial
				evaluation which include methods for collecting information to determine
				whether a comprehensive educational evaluation is necessary and the types of
				evaluations warranted.
(a) When the request
				for initial evaluation is made by an LEA, the request must include a statement
				of the reasons for the request, including documentation of regular education
				interventions for students enrolled in school, and the signature or electronic
				signature of the person making the request.
(b) When the request for initial evaluation
				is made by a parent, the request must include a statement of the reasons for
				the request and the signature or electronic signature of the person making the
				request.
(c) All requests shall
				document the suspicion that the student may have a disability which adversely
				affects the student's educational performance to the degree that the student
				needs special education and related services.
(d) If a comprehensive educational evaluation
				in accordance with
				34 CFR
				300.301 through
				300.311
				is warranted, the local educational agency shall obtain consent of the parent
				before conducting a comprehensive educational evaluation.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.33 - Services › Rule 10.16.3321 - COMPREHENSIVE EDUCATIONAL EVALUATION PROCESS AND REEVALUATIONS

Current through Register Vol. 13, July 5, 2024
(1) An evaluation of the student must be
				conducted in accordance with the requirements of
				34 CFR
				300.301 through
				300.311
				and 34 CFR 300.321.
(2) For initial
				evaluations, the evaluation report must include the information necessary to
				address criteria established in ARM
				10.16.3010 through
				10.16.3022.
(3) The evaluation report shall include
				statements of implications for educational planning in terms understandable to
				all team members.
(4) The
				evaluation report shall include a statement as to why the student needs special
				education and related services.
(5)
				All evaluation reports will identify a disability category or categories for
				each student.
(6) For an initial
				evaluation only, the following additional team members are required when a
				student is being evaluated in the specified category of disability:
(a) emotional disturbance, traumatic brain
				injury, specific learning disability, or cognitive delay requires a school
				psychologist;
(b) speech-language
				impairment, deaf/blindness, traumatic brain injury requires a speech-language
				pathologist;
(c) autism requires a
				school psychologist and speech-language pathologist; and
(d) deafness or hearing impairment requires a
				speech-language pathologist or audiologist.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.33 - Services › Rule 10.16.3322 - COMPOSITION OF A CHILD STUDY TEAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 20-7-414,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.33 - Services › Rule 10.16.3324 - EXTENDED SCHOOL YEAR SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Local
				educational agencies shall provide extended school year services in accordance
				with
				34 CFR
				300.106.
(2) IEP teams shall use recoupment and
				regression as the criteria for determining eligibility for extended school year
				services. In the absence of the opportunity to collect data to determine
				regression, the IEP team may conclude that ESY services are necessary based on
				data that research has shown to predict regression and difficulty with
				recoupment.
(3) Extended school
				year services must be provided only if a child's IEP team determines, on an
				individual basis, in accordance with
				34 CFR
				300.320 through
				300.324,
				that the services are necessary for the provision of FAPE to the
				child.
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.33 - Services › Rule 10.16.3340 - INDIVIDUALIZED EDUCATION PROGRAM AND PLACEMENT DECISIONS

Current through Register Vol. 13, July 5, 2024
(1) Local educational agencies shall develop,
				implement, review, and revise individualized education programs (IEP) in
				accordance with
				34 CFR
				300.320 through
				300.328.
(2) IEP teams shall make placement decisions
				in accordance with least restrictive environment provisions at
				34 CFR 300.114
				through
				300.118.
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.33 - Services › Rule 10.16.3341 - RESIDENTIAL PLACEMENT BY PUBLIC AGENCY OTHER THAN LOCAL EDUCATIONAL AGENCY

Current through Register Vol. 13, July 5, 2024
(1) If a student with disabilities has been
				placed in a residential treatment facility or children's psychiatric hospital
				according to
				20-7-435,
				MCA, the residential treatment facility or hospital shall initiate action to
				develop, review, or revise the student's individualized education program and,
				if necessary, to evaluate and identify a student with a disability in
				accordance with the requirements of IDEA.
(2) The facility or hospital shall notify a
				representative of the student's resident local educational agency of the
				student's placement at the facility or hospital and request the participation
				of the resident LEA in meetings as required by IDEA. If the representative of
				the resident LEA cannot attend the meetings, the representative shall use other
				methods to ensure participation by the resident LEA.
(3) The facility or hospital shall notify the
				parents of their right to participate in any decision about the student's
				individualized education program and agree to any proposed changes in the
				program before those changes are implemented.
(4) In the event that the residential
				facility as defined in
				20-7-436,
				MCA, or children's psychiatric hospital is unable or unwilling to provide an
				appropriate education as required under the IDEA, the local educational agency
				in which the facility is located is responsible for ensuring that a student
				placed in a residential treatment facility or children's psychiatric hospital
				receives FAPE under IDEA. The Superintendent of Public Instruction is
				responsible for ensuring compliance with IDEA.
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.33 - Services › Rule 10.16.3342 - TRANSFER STUDENTS: INTRASTATE AND INTERSTATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.33 - Services › Rule 10.16.3345 - LOCAL EDUCATIONAL AGENCY RESPONSIBILITY FOR PROMOTION OF STUDENTS WITH DISABILITIES

Current through Register Vol. 13, July 5, 2024
(1) The local
				educational agency shall have procedures to ensure continuation of a free
				appropriate public education for students with disabilities when promoting the
				student from preschool to elementary school and from elementary school to
				junior high or middle school and from junior high or middle school to high
				school.
(2) Whenever a student with
				disabilities is receiving special education and related services in a nongraded
				program and the student is age 14 on or before September 10th of the school
				year, the responsibility for ensuring a free appropriate public education
				changes from the elementary local educational agency to the high school local
				educational agency.
(3)
				Chronological age and physical development should be strong factors in the
				decision to move a student from the junior high or middle school to the high
				school. Consideration also must be given to the least restrictive environment
				principle in planning for promotion.
(4) A student with disabilities shall be
				promoted or retained according to local educational agency criteria unless
				waived in the student's IEP.
(5) A
				student with disabilities who has completed a prescribed course of studies
				shall be eligible for graduation from high school.
(a) A student who has successfully completed
				the goals on the IEP shall have completed a prescribed course of
				study.
(b) Documentation of
				completion of the annual goals shall be included in the periodic review of the
				IEP.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.33 - Services › Rule 10.16.3346 - AVERSIVE TREATMENT PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
				Positive behavioral interventions based on the results of a functional
				behavioral assessment shall serve as the foundation for any program utilizing
				aversive procedures to address the behavioral needs of students. Aversive
				treatment procedures may be appropriate for an individual student who exhibits
				behaviors which pose a risk of physical harm to the student or others, or a
				risk of significant damage to property, or significantly disruptive or
				dangerous behaviors which cannot be modified solely through the use of positive
				behavioral interventions. Aversive treatment procedures must be designed to
				address the behavioral needs of an individual student, be approved by the IEP
				team, and may not be used as punishment, for the convenience of staff, or as a
				substitute for positive behavioral interventions.
(2) Aversive treatment procedures are defined
				as:
(a) physical restraint, other than as
				provided in
				20-4-302,
				MCA, when the IEP team has determined that the frequency, intensity or duration
				of the restraint warrants an aversive treatment procedure; and
(b) isolation time-out which results in the
				removal of a student to an isolation room under the following conditions:
(i) the student is alone in the isolation
				room during the period of isolation;
(ii) the student is prevented from exiting
				the isolation room during the period of isolation;
(iii) the door to the isolation room remains
				closed during the period of isolation; and
(iv) the student is prohibited from
				participating in activities occurring outside the isolation room and from
				interacting with other students during the period of isolation.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3501 - PROCEDURAL SAFEGUARDS

Current through Register Vol. 13, July 5, 2024
(1) Each local
				educational agency shall implement procedural safeguards consistent with the
				requirements of
				34 CFR
				300.500 through
				300.536.
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3502 - TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY

Current through Register Vol. 13, July 5, 2024
(1) When a student with disabilities reaches
				the age of 18, parental rights under IDEA will transfer to the student in
				accordance with
				34 CFR
				300.520 and
				34 CFR
				300.320 (c).
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3504 - SURROGATE PARENTS

Current through Register Vol. 13, July 5, 2024
(1) Procedures for
				the appointment of a surrogate parent shall comply with
				20-7-461
				through
				20-7-463,
				MCA, 34
				CFR 300.30, and
				34 CFR
				300.519.
(2) A foster parent meeting the requirements
				of 34 CFR
				300.30 (a)(2) may act as a parent under Part
				B of IDEA if the natural parents' authority to make educational decisions on
				the student's behalf has been extinguished under state law and the foster
				parent:
(a) is willing to make the
				educational decisions required of parents under IDEA; and
(b) has no interest that would conflict with
				the interests of the student.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3505 - PARENTAL CONSENT

Current through Register Vol. 13, July 5, 2024
(1) The local
				educational agency (LEA) shall obtain written consent for initial evaluation
				and initial provision of special education and related services prior to
				implementation of a student's individualized education program (IEP) consistent
				with
				34 CFR 300.300
				and this rule.
(2) Within one year
				of implementing the initial IEP, and annually thereafter, the IEP team shall
				timely meet to create an annual IEP. If the parent agrees with the proposed
				special education and related services and signs the IEP giving consent, the
				LEA shall begin implementation.
(3) The following procedures are intended to
				encourage continued parental participation in the development of the IEP, and
				to ensure the timely provision of FAPE when the parent does not agree and sign
				the annual IEP.
(a) Pursuant to
				34 CFR
				300.503, the LEA shall provide prior written
				notice of the changes to the parents, which includes a copy of the IEP, invites
				the parents to submit written exceptions to the IEP, and indicates that, if the
				parent does not respond, the LEA may implement the IEP as developed by the IEP
				team beginning 15 days following the date of the prior written
				notice.
(b) If the parent does not
				identify, in writing, the disputed special education and related services in
				the proposed IEP within 15 days of the date of the prior written notice, the
				LEA may implement the proposed IEP.
(c) If a parent provides written exceptions
				to the proposed special education and related services in the annual IEP within
				15 days of the prior written notice the LEA shall implement the IEP in the
				areas of agreement. The student's last agreed-upon IEP shall remain in effect
				in the areas specifically disputed in writing, as exceptions, until the
				disagreement is resolved or implemented as provided below.
(i) The LEA shall allow a reasonable amount
				of time to resolve the disagreements before sending the second prior written
				notice. If agreement is reached and the parents sign the IEP giving consent,
				the LEA shall begin implementation.
(ii) If agreement is not reached after a
				reasonable amount of time, the LEA shall provide a second prior written notice
				that includes the IEP which resulted from the discussion with the parents and
				shall implement the annual IEP 15 days after the date of the second prior
				written notice.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3505A - REVOCATION OF PARENTAL CONSENT

Current through Register Vol. 13, July 5, 2024
(1) A parent
				may revoke consent for services at any time. The revocation of consent must be
				provided to the district in writing.
(2) Upon receipt of the parent's written
				revocation of consent, the district must:
(a)
				issue written notice to the parent of receipt of the revocation;
(b) issue prior written notice of the date on
				which special education and related services will cease; and
(c) inform the parent in writing that the
				procedural safeguards of IDEA no longer apply to their child.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3506 - VOLUNTARY MEDIATION

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt by
				mail of a written request for mediation signed by all parties to a special
				education controversy as defined in
				34 CFR
				300.506, prior to, during, or after a request
				for a due process hearing under ARM
				10.16.3507, the Superintendent of
				Public Instruction shall appoint an impartial mediator.
(2) Mediation may not be used in the case of
				revocation of parental consent for placement.
(3) The parties may mutually agree to any
				qualified mediator whose name is included on the list maintained by the
				Superintendent of Public Instruction. If the parties agree to a mediator, the
				name of the mediator will be included in the request for mediation.
(4) If the request for mediation does not
				include the name of a qualified mediator, the process for selection is as
				follows:
(a) The Superintendent of Public
				Instruction shall mail to each party the names of three mediators from its list
				of qualified mediators knowledgeable in special education laws and
				regulations.
(b) Upon receipt of
				the list of names, the parties shall have three business days to review the
				list, prioritize their selection, and return the list to the Superintendent of
				Public Instruction.
(c) If, despite
				efforts to arrive at a mutually agreeable choice, the parties cannot agree, the
				Superintendent of Public Instruction shall appoint a mediator from the names
				sent to the parties.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3507 - SCOPE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) These rules
				govern the procedure for conducting all due process hearings concerning and
				arising from the education of students with disabilities in this state. All
				rules promulgated by former state Superintendents of Public Instruction with
				regard to special education due process hearings contrary to these rules are
				hereby repealed.
(2) A school
				district is not permitted to request a due process hearing when a parent has
				revoked consent for special education evaluation or services.
20-7-402,
					 MCA; IMP,
					 20-7-402,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3508 - SPECIAL EDUCATION DUE PROCESS HEARING

Current through Register Vol. 13, July 5, 2024
(1)
				A parent as defined in
				34 CFR
				300.30 or public agency as defined in
				34
				CFR 300.33 may request an impartial due
				process hearing involving the educational placement, evaluation, possible
				identification of a student with disabilities, or the provision of FAPE to the
				child. The request shall be made in writing to the Superintendent of Public
				Instruction, P.O. Box 202501, Helena, MT 59620-2501. A copy of the request
				shall be mailed to the other party.
(2) The Superintendent of Public Instruction
				shall develop a model form to assist the complainant in filing a request for
				due process. The request shall include:
(a)
				the name of the student;
(b) the
				address of the residence of the student;
(c) the name of the school the student
				attends;
(d) in the case of a
				homeless child or youth, available contact information for the child or youth;
(e) a description of the nature of
				the problem of the student relating to the proposed or refused initiation or
				change, including facts relating to the problem; and
(f) a proposed resolution of the problem to
				the extent known and available to the complainant at the time.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3508A - RESOLUTION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) Within 15 days
				of receipt of notice of the parents' due process request, the local educational
				agency must convene a resolution meeting in accordance with
				34 CFR
				300.510.
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;