reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3509 - APPOINTMENT OF IMPARTIAL HEARING OFFICER

Current through Register Vol. 13, July 5, 2024
(1)
				Upon receipt by mail of a signed written request for a due process hearing
				involving a special education controversy, the Superintendent of Public
				Instruction shall:
(a) promptly advise the
				public agency, parent, or other parties as identified in ARM
				10.16.3508(1) of
				the request for due process hearing; and
(b) appoint an impartial hearing officer to
				conduct a due process hearing.
(i) The
				Superintendent of Public Instruction shall maintain a list of individuals who
				are qualified to serve as impartial hearing officers.
(ii) Upon receiving a request for hearing,
				the Superintendent of Public Instruction shall mail to each party a list of the
				names of three proposed impartial hearing officers together with a summary of
				their qualifications.
(iii) Each
				party shall have three business days to rank the proposed hearing officers on
				the list in order of preference.
(iv) The Superintendent of Public Instruction
				shall make the appointment from the names ranked by the parties.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3510 - SCHEDULING CONFERENCE AND NOTICE OF HEARING

Current through Register Vol. 13, July 5, 2024
(1) The impartial hearing officer shall,
				within five business days of the filing of the response or the completion of
				the resolution process, whichever comes first, conduct a prehearing scheduling
				conference . Following the prehearing scheduling conference, the impartial
				hearing officer shall issue a notice of hearing. The notice of hearing shall
				include, at a minimum:
(a) a statement of the
				date, time, place, location, and nature of the hearing;
(b) a schedule for discovery;
(c) a schedule for identification of expert
				and lay witnesses and exchange of proposed exhibits;
(d) the extent to which prehearing motions
				will be allowed, and if allowed, a schedule ensuring such motions do not
				unnecessarily delay the hearing;
(e) the extent to which post-hearing legal
				briefs and/or proposed findings of fact, conclusions of law and order will be
				required;
(f) references to the
				specific applicable statutes and rules ;
(g) a provision advising the parties of their
				right to be represented by counsel at the hearing;
(h) a provision informing the parent of any
				free or low-cost legal and other relevant services available in the area;
(i) a statement of whether or not
				the parent wants an electronic verbatim record of the hearing and/or the
				findings of facts and decision; and
(j) consideration of such other matters as
				may aid in the disposition of the action.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3511 - INFORMAL DISPOSITION

Current through Register Vol. 13, July 5, 2024
(1) The impartial
				hearing officer may confer with the parties for the purpose of attempting
				informal disposition of any special education controversy in addition to the
				requirements in ARM
				10.16.3510 and
				10.16.3512.
(2) This conference of informal disposition
				may occur at any time prior to the issuing of the final findings of fact,
				conclusions of law and order of the impartial hearing officer. The parties may
				resolve the special education controversy by stipulation, agreed settlement,
				dismissal, or other resolution . To be effective, any agreement made at such
				conference must be reduced to writing and signed by all parties. An agreed
				resolution shall end the proceedings upon formal action of the hearing officer.
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 10.16.3512 - IMPARTIAL HEARING OFFICER'S PREHEARING - FORMULATING ISSUES

Current through Register Vol. 13, July 5, 2024
(1) The impartial hearing officer shall
				conduct a prehearing conference prior to the hearing to:
(a) identify and clarify the issues to be
				decided at the hearing;
(b)
				determine the necessity or desirability of amendments to the request for
				impartial due process hearing;
(c)
				obtain, if possible, admissions of fact and documents which will avoid
				unnecessary proof;
and
(d)
				consider such other matters as may aid in the disposition of the
				action.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3513 - DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) The impartial hearing officer may compel
				or limit discovery prior to the hearing and/or prehearing conference.
(2) Within the discretion of the
				hearing officer, the following methods of discovery are available to the
				parties upon the filing of a request for due process:
(a) depositions;
(b) written interrogatories;
(c) requests for admissions;
(d) production of documents or things;
				and
(e) permission to enter upon
				land or property, to observe educational programs and other purposes.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3514 - DISCOVERY METHODS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 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 10.16.3515 - SCOPE AND LIMITATION OF DISCOVERY (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 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 10.16.3516 - LIMITATIONS ON DISCOVERY BY THE IMPARTIAL HEARING OFFICER (REPEALED)

Current through Register Vol. 13, July 5, 2024
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 10.16.3517 - SEQUENCE AND TIMING OF DISCOVERY (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 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 10.16.3518 - AVAILABILITY OF CROSS-EXAMINATION OR PARTICIPATION IN THE HEARING

Current through Register Vol. 13, July 5, 2024
(1) The right to examine or cross-examine as
				a party in this action shall be limited to the attorneys, the parties named in
				the matter, and the impartial hearing officer. A lay advocate with special
				knowledge or training with respect to students with disabilities may accompany
				and advise a party named in the matter.
(2) Parents involved in hearings have the
				right to have the child who is the subject of the hearing present at the
				hearing and open the hearing to the public.
AUTH:
					 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 10.16.3519 - EX-PARTE CONSULTATIONS

Current through Register Vol. 13, July 5, 2024
(1) The impartial
				hearing officer, after the issuance of the notice of hearing, shall not
				communicate with any party in connection with any issue of fact or law in such
				case except upon notice and opportunity for all parties to
				participate.
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 10.16.3520 - POWERS OF THE IMPARTIAL HEARING OFFICER

Current through Register Vol. 13, July 5, 2024
(1)
				The impartial hearing officer may:
(a)
				administer oaths;
(b) issue
				subpoenas;
(c) upon request of a
				party, as deemed appropriate by the hearing officer, allow for the taking of
				testimony by video, audio, or deposition of witnesses who will not be available
				for the hearing, or when procurement of the witness in person at the hearing
				will be unduly costly and burdensome for a party;
(d) set the time, place, and length of the
				hearing and direct parties to appear and confer to consider simplifications of
				the issues by consent of the parties involved;
(e) fix the time for filing of briefs or
				other documents; and
(f) request
				the submission of proposed findings of facts and conclusions of law at the
				conclusion of the hearing.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3521 - HEARING

Current through Register Vol. 13, July 5, 2024
(1) The hearing will be conducted before the
				impartial hearing officer in the following order:
(a) statement and evidence of the petitioner
				or other party in support of its action;
(b) statement and evidence of the respondent
				in support of its action;
(c)
				rebuttal testimony;
(d) closing
				arguments beginning with petitioner and ending with respondent.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3522 - RECORD

Current through Register Vol. 13, July 5, 2024
(1) The record in the impartial due process
				hearing shall include:
(a) all pleadings,
				motions, intermediate ruling;
(b)
				all evidence received plus a stenographic record of oral proceeding;
(c) a statement of matters officially
				noticed;
(d) questions and offers
				of proof, objections and proceedings thereon;
(e) proposed findings and
				exceptions;
(f) findings of fact,
				conclusions of law and order by the impartial hearing officer.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3523 - FINAL ORDER ON SPECIAL EDUCATION DUE PROCESS HEARING DECISIONS

Current through Register Vol. 13, July 5, 2024
(1) The impartial due process hearing officer
				shall render, in writing, findings of fact and conclusions of law separately
				stated and an order concerning all matters at issue in the hearing within the
				45-day time frame delineated in
				34 CFR
				300.515, unless an extension of time has been
				granted by the impartial hearing officer. The impartial hearing officer may
				grant a request by either party for a specific extension of the 45-day period
				allowed for rendering a final order. The hearing officer shall mail, or
				personally deliver, a written copy of the findings of fact, conclusions of law
				and order to each of the parties and to the Superintendent of Public
				Instruction. The hearing officer shall also mail or deliver the record as
				defined in ARM
				10.16.3522 to the Superintendent
				of Public Instruction.
(2) In the
				event the impartial hearing officer has granted a written request from a party
				to extend the 45-day period in which to render a final decision, the impartial
				hearing officer shall notify the Superintendent of Public Instruction, in
				writing, when the decision will be issued, providing justification for the
				extension and including consideration of the impact on the student at issue in
				the matter. In the event the decision is not rendered within 90 days from the
				date the request for impartial due process hearing was filed with the
				Superintendent of Public Instruction, the Superintendent of Public Instruction
				may remove the impartial hearing officer and appoint another impartial hearing
				officer.
(3) The impartial hearing
				officer may order reimbursement for parents for the unilateral placement of
				their child if the LEA's placement is determined to be inappropriate and the
				parent's placement is deemed appropriate.
(4) The decision of the impartial hearing
				officer shall be binding upon both parties unless the decision is appealed.
(5) Any party who feels aggrieved
				by the findings and decision of the impartial hearing officer may appeal to a
				district court or may bring a civil action under
				34
				CFR 300.516.
(6) The Superintendent of Public Instruction
				shall be responsible for paying only administrative costs related to the
				hearing, including necessary expenses incurred by the impartial hearing officer
				and court reporter services. The parties involved shall each be responsible for
				any legal or other fees that occur.
(7) The Superintendent of Public Instruction,
				after deleting any personally identifiable information, shall transmit those
				findings and decisions to the state special education advisory panel and make
				those findings and decisions available to the public.
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 10.16.3528 - INITIATING EXPEDITED DUE PROCESS HEARING

Current through Register Vol. 13, July 5, 2024
(1)
				An expedited due process hearing under
				34 CFR
				300.532 may be initiated by submitting a
				written request for a hearing to the Superintendent of Public Instruction, P.O.
				Box 202501, Helena, MT 59620-2501.
(2) The written request for expedited hearing
				shall include:
(a) date of the manifestation
				determination and evidence of a behavioral assessment plan;
(b) general statement of the
				problem;
(c) name of the school
				district or public agency, including the name and telephone number of the
				contact person;
(d) name of the
				parent and contact phone number;
(e) student's name; and
(f) tentative date(s) that the parties have
				agreed to hold the expedited hearing.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3528A - EXPEDITED DUE PROCESS HEARING RESOLUTION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of a request for expedited
				due process hearing, the local educational agency must convene a resolution
				meeting in accordance with
				34 CFR
				300.532 (c)(2) and (3).
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 10.16.3529 - SELECTION OF EXPEDITED DUE PROCESS HEARING OFFICER

Current through Register Vol. 13, July 5, 2024
(1) The Superintendent of Public Instruction
				shall maintain a list of due process hearing officers who have successfully
				completed at least one regular due process hearing under IDEA and have
				indicated a willingness to accept appointment to conduct an expedited due
				process hearing.
(2) The
				Superintendent of Public Instruction shall appoint a due process hearing
				officer from the list without input from the parties involved in the
				hearing.
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 10.16.3530 - EXPEDITED HEARING

Current through Register Vol. 13, July 5, 2024
(1) Upon
				appointment, the hearing officer shall:
(a)
				contact the parties to schedule a prehearing telephone conference;
(b) set the date, time and place of the
				expedited hearing; and
(c) advise
				the parties of their right to be represented by counsel.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.35 - Procedural Safeguards › Rule 10.16.3531 - FINAL DECISION IN EXPEDITED DUE PROCESS HEARING

Current through Register Vol. 13, July 5, 2024
(1) The impartial due process hearing officer
				shall render, in writing, findings of fact and conclusions of law separately
				stated and an order concerning all matters at issue in the expedited hearing as
				soon as possible and not later than ten days after the conclusion of the
				expedited hearing. An extension may be requested; however, the extension cannot
				exceed an additional five days.
(2)
				If the parent requests an audio record of the hearing and/or a copy of the
				findings of fact and decision at the prehearing conference, the due process
				hearing officer shall provide such a copy to the Superintendent of Public
				Instruction and the parties.
(3)
				The hearing officer shall mail or deliver the record as defined in ARM
				10.16.3522 to the Superintendent
				of Public Instruction.
(4) The
				decision of the impartial hearing officer shall be binding upon both parties
				unless the decision is appealed.
(5) Any party who feels aggrieved by the
				findings and decision of the impartial hearing officer may appeal to a district
				court or may begin a civil action under
				34
				CFR 300.516.
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 10.16.3560 - SPECIAL EDUCATION RECORDS

Current through Register Vol. 13, July 5, 2024
(1) School
				records and confidentiality of information must follow the provisions under the
				Family Educational Rights and Privacy Act (FERPA) and its implementing
				regulations at 34 CFR, part 99, and must follow the provisions established for
				special education under IDEA and its implementing regulations at
				34 CFR 300.610
				through
				300.626.
(2) The OPI shall enforce this rule
				consistent with the IDEA. LEAs found to be out of compliance by OPI with
				provisions of this policy under IDEA shall be given an opportunity to come into
				compliance; demonstrate policies, procedures, or practices to ensure future
				compliance; be required to complete a corrective action plan consistent with
				this rule and applicable state and federal law; or any other sanctions
				determined necessary and appropriate by the OPI.
(3) The special education record retained by
				each LEA shall include access log, request for initial evaluation, permission
				for evaluation, summaries of assessments, test protocols, and other information
				that are not subject to sole possession requirements of FERPA, evaluation
				reports, individualized education programs, and reports of the student's
				progress toward meeting annual goals of the individualized education
				program.
AUTH:
					 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 10.16.35 - Procedural Safeguards › Rule 10.16.3571 - PARENTAL CONSENT FOR RECORDS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 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 10.16.36 - State Administration - Complaint Procedures › Rule 10.16.3660 - EARLY ASSISTANCE PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The
				Superintendent of Public Instruction shall provide an ongoing and systematic
				informal dispute resolution process referred to as the "Early Assistance
				Program."
(2) A parent, guardian,
				adult student, LEA or other public agency as defined in
				34
				CFR 300.33, or their representative may
				request early assistance in any issue related to a student's free appropriate
				public education or any violation of Part B of the IDEA,
				20 U.S.C.
				1400, et seq., or Montana special education
				laws, Title 20, chapter 7, MCA, and corresponding regulations at 34 CFR Part
				300 and ARM 10.15.3007, et seq. Assistance may be requested by contacting the
				Office of Public Instruction Legal Division Dispute Resolution
				Office.
(3) Pursuant to ARM
				10.16.3662, immediately following
				the filing of a state complaint as referenced in
				34 CFR
				300.151 through
				300.153 the
				Early Assistance Program has 15 business days from the day it receives the
				written complaint to attempt to resolve the problem through the program.
				Pursuant to
				34 CFR
				300.152(b)(1)(ii) these 15
				days shall not be counted as part of the 60-day complaint resolution
				timeline.
(4) The services offered
				under this program are available in all circumstances where there is a
				possibility for resolution. If the Early Assistance Program director decides
				that any attempt to mutually resolve the complaint would be futile, the dispute
				resolution office shall proceed according to the procedures and timelines set
				forth in
				34 CFR
				300.151 through
				300.153 and
				ARM 10.16.3662.
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.36 - State Administration - Complaint Procedures › Rule 10.16.3661 - OPPORTUNITY TO PRESENT COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1)
				Pursuant to
				34 CFR
				300.151 through
				300.153,
				individuals or organizations alleging that a Montana local educational or
				public agency has violated the provisions of Part B of the IDEA,
				20 U.S.C.
				1400, et seq. or Montana special education
				laws including failure to provide a student with disabilities a free
				appropriate public education or procedural safeguards may use ARM
				10.16.3662 to file a state
				complaint. As used in this chapter, the term "local educational agency (LEA),"
				shall include other public agencies or state-operated programs.
AUTH:
					 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 10.16.36 - State Administration - Complaint Procedures › Rule 10.16.3662 - STATE COMPLAINT PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) An
				organization or individual may file a written signed complaint alleging the LEA
				or public agency as defined in
				34
				CFR 300.33 violated the Individuals with
				Disabilities Education Act (
				20
				U.S.C., sections 1401 through
				1485 ) or its
				implementing regulations (34 CFR, part 300), the Montana statutes pertaining to
				special education (Title 20, chapter 7, part 4, MCA), or the administrative
				rules promulgated by the Superintendent of Public Instruction governing special
				education (ARM Title 10, chapter 16).
(2) The state complaint must:
(a) allege a violation that occurred not more
				than one year prior to the date the complaint is filed;
(b) state the name and address of the
				affected child, if applicable, and the name of the school or public agency
				where the violation allegedly occurred;
(c) contain a statement that the agency has
				violated a requirement of federal or state special education laws or
				regulations;
(d) state the nature
				of the problem and the facts on which each allegation is based; and
(e) state a proposed resolution of the
				problem to the extent known and available to the complainant.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.37 - Allocation of Funds - Reports › Rule 10.16.3751 - OFFICE OF PUBLIC INSTRUCTION RESPONSIBILITY FOR CHILD COUNT (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 10.16.37 - Allocation of Funds - Reports › Rule 10.16.3752 - LOCAL EDUCATIONAL AGENCY RESPONSIBILITY FOR CHILD COUNT (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 10.16.38 - Special Education Funding › Rule 10.16.3803 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to rules affecting the
				  funding of special education programs:
(1) "Advance reimbursement on special
				education allowable cost payments" means a loan to a district to offset a
				severe economic hardship caused by exceptional special education costs to the
				district. This advance on a district's ensuing fiscal year's special education
				allowable cost payment must be repaid in the ensuing fiscal year.
(2) "Appropriation" means an annual amount
				set by the Superintendent of Public Instruction for distribution to schools and
				cooperatives such that:
(a) the amount does
				not exceed legislative appropriation;
(b) the sum of amounts that are set for each
				of the fiscal years of a biennial appropriation total the biennial
				appropriation; and
(c) the amount
				distributed to schools may be less than the appropriated amount to compensate
				for additional ANB count.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3804 - GENERAL PRINCIPLES OF SPECIAL EDUCATION FUNDING

Current through Register Vol. 13, July 5, 2024
(1) Legislative appropriations for special
				education are administered by the Superintendent of Public Instruction.
				Expenditures of funds received from the legislative appropriations are limited
				to certain allowable costs associated with the provision of educational
				services to children with disabilities. The following general provisions apply
				to these funds:
(a) Through the block grant
				system, districts are allowed flexibility in methods of providing special
				education programs within allowable cost guidelines.
(b) The distribution of the funds is based
				primarily on current ANB.
(c)
				Expenditures of the funds are limited to services to students with disabilities
				ages 3-21.
(d) Local district
				contributions, referred to as local match, are required.
(e) Instructional and related services block
				grants and local matching funds may only be spent for special education
				allowable costs as approved by the Superintendent of Public Instruction.
				Instructional block grant funds plus the corresponding local matching funds may
				be expended for instructional and/or related services. Related services block
				grant funds plus corresponding local matching funds may be expended for
				instructional services and/or related services subject to matching requirements
				for schools that are participating members of a cooperative.
(f) Expenditure of special education
				allowable costs must be reported using specific accounting codes.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3805 - SPECIAL EDUCATION ALLOWABLE COST LIMITATIONS

Current through Register Vol. 13, July 5, 2024
(1) Allowable costs for public school
				districts for purposes of determining payments are limited to instructional and
				related service costs and do not include the entire cost of operating a special
				education program. Allowable costs specifically do not include:
(a) the cost of the teachers' retirement
				system, the public employees' retirement system, or the federal social security
				system;
(b) the cost for
				unemployment compensation insurance;
(c) the cost of any administrative,
				instructional or teacher aide personnel necessary to meet Montana school
				accreditation standards;
(d)
				salaries and benefits for transportation aides employed for assisting students
				with disabilities;
(e) the
				on-schedule and over-schedule costs of transportation for special education
				purposes;
(f) the cost of
				administrative support personnel, such as clerks and clerical personnel, with
				the exception of ARM
				10.16.3807(1) (c)
				 and
				10.16.3808(1)
				(a); and
(g) any overhead costs of operations and
				maintenance. Examples of overhead costs include, but are not limited to, heat,
				electricity, repairs and maintenance of building and equipment, minor
				remodeling, service contracts on equipment, and security services.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3806 - SPECIAL EDUCATION ALLOWABLE COSTS-INSTRUCTIONAL SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Allowable costs associated with
				instruction of students with disabilities include:
(a) salaries and benefits, not excluded in
				ARM
				10.16.3805,
				for qualified special education teachers and special education teacher aides
				for the proportion of time spent providing services to students with
				disabilities. This includes time spent:
(i)
				in activities associated with structured support and assistance to regular
				education teachers to identify and meet diverse student needs; and
(ii) providing or receiving inservice
				training on the provision of special education services;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3807 - SPECIAL EDUCATION ALLOWABLE COSTS-RELATED SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Allowable costs associated with the
				provision of related services to students with disabilities include:
(a) salaries and benefits, not excluded in
				ARM 10.16.3805, for licensed or
				certified professional support personnel who meet the qualifications in ARM
				10.16.3136, for supervisors of
				special education, speech language pathologists, audiologists, counselors,
				social workers, school psychologists, physicians, nurses, physical and
				occupational therapists and other professional persons meeting the requirements
				for the profession or discipline responsible for delivery of a special
				education related service for the proportion of time spent:
(i) providing services for students with
				disabilities;
(ii) providing
				supervision of special education programs;
(iii) in activities associated with
				structured support and assistance to regular education teachers in identifying
				and meeting diverse student needs; and
(iv) providing or receiving inservice
				training on the provision of special education services;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3808 - SPECIAL EDUCATION ALLOWABLE COSTS-COOPERATIVES

Current through Register Vol. 13, July 5, 2024
(1) Special education allowable costs for
				cooperatives include all allowable costs in ARM
				10.16.3806 and
				10.16.3807 and the additional cost
				of the operation of the cooperative. These additional costs allowed exclusively
				for a cooperative are:
(a) costs associated
				with support services including, but not limited to, administration,
				advertising, recruitment, communication such as postage, telephone, printing,
				clerk services, audit services and liability insurance;
(b) costs associated with operation and
				maintenance including, but not limited to, custodial salaries and benefits,
				heat, utilities, supplies and expenses, replacement parts, rent, purchase of
				real property, labor negotiations/ representations, omissions and errors
				insurance, fire insurance and property insurance.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3809 - COOPERATIVE BOUNDARIES

Current through Register Vol. 13, July 5, 2024
(1) Boundary lines
				of cooperatives established for the provision of special education services are
				defined by the Superintendent of Public Instruction based on consultation with
				regional representatives.
(a) No more than 23
				special education cooperatives may be established.
(b) All districts are included within the
				boundaries of a special education cooperative but are not required to be a
				participating member of that cooperative.
(c) The special education cooperative
				boundaries shall be established so that the districts included within the
				boundaries are contiguous.
(d) A
				district may become a member only of the cooperative within which boundaries it
				lies.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3810 - ELIGIBILITY TO RECEIVE PAYMENT

Current through Register Vol. 13, July 5, 2024
(1) A district
				is eligible to receive a special education allowable cost payment for the
				ensuing fiscal year if it has a special education program. A school district
				has a special education program if it:
(a)
				has a resident student reported on the current fiscal year special education
				child count;
(b) is participating
				in a cooperative; or
(c) has a
				written agreement with another public school district or cooperative to provide
				a special education program in the event a student in need of special education
				enrolls in the district.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3811 - GENERAL PRINCIPLES OF THE SPECIAL EDUCATION ALLOWABLE COST PAYMENT CALCULATION

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				calculating statewide allowable cost amounts, the Superintendent of Public
				Instruction shall use the most current information available as the basis for
				calculating the special education allowable cost payments for the ensuing
				fiscal year. If material differences in statewide factors used in the
				calculation are documented or legislative changes occur regarding the
				calculation, the Superintendent of Public Instruction may recalculate and
				notify all districts and counties. Current ANB will be used in the payment
				calculation for the purpose of reflecting relative district and program size.
				Use of ANB does not limit the age range for fund expenditures.
(2) The special education allowable cost
				payments consist of instructional block grants, related services block grants,
				reimbursements for disproportionate costs and cooperative administrative and
				travel amounts.
(3) The statewide
				special education allowable cost payments to districts and cooperatives may not
				exceed the legislative appropriation available for special education allowable
				costs.
(4) The special education
				allowable cost payment calculation distributes appropriations according to the
				following formula:
(a) 52.5% through
				instructional block grants;
(b)
				17.5% through related services block grants;
(c) 25% through reimbursement of local
				districts;
(d) 5% to special
				education cooperatives for administration and travel.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3812 - CALCULATION OF SPECIAL EDUCATION ALLOWABLE COST PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) The instructional services block grant
				rate for the ensuing fiscal year is calculated by multiplying the state special
				education appropriation by.525 and dividing by the ensuing year statewide
				current ANB of eligible districts, truncated to two decimal places.
(2) The related services block grant rate for
				the ensuing fiscal year is calculated by multiplying the state special
				education appropriation by.175 and dividing by the ensuing year statewide
				current ANB of eligible districts, truncated to two decimal places.
(3) A district's eligibility to receive
				reimbursement for disproportionate costs for the ensuing fiscal year is
				calculated as follows for each district that is eligible per ARM
				10.16.3803:
(a) sum the district's prior fiscal year
				special education state allowable cost expenditures for instructional and
				related services;
(b) from (3) (a)
				subtract the district's prior fiscal year minimum special education expenditure
				to avoid reversions;
(c) if the
				result of (3) (b) is less than or equal to zero, a district is not eligible for
				reimbursement;
(d) if the result of
				(3) (b) is greater than zero, a district may receive reimbursement for
				disproportionate costs provided that the district's rate of expenditures
				calculated by dividing (3) (a) by the district's prior fiscal year minimum
				special education expenditure to avoid reversion reaches the threshold for
				eligibility based on the following formula:
(i) multiply the state special education
				appropriation by.25;
(ii) for all
				districts where the result of (3) (b) is greater than zero, sum the results of
				(3) (b) and multiply by.40;
(A) if (3) (d)
				(i) equals (3) (d) (ii), the threshold for eligibility is 1.00, and the
				district shall be reimbursed $0.40 for each dollar calculated in (3) (b)
				;
(B) if (3) (d) (i) exceeds (3)
				(d) (ii), the threshold for eligibility is 1.00. The.40 multiplier in (3) (d)
				(ii) shall be increased to a multiplier which causes the result of (3) (d) (ii)
				to equal (3) (d) (i), and the district shall be reimbursed at that multiplier
				for each dollar calculated in (3) (b) ;
(C) if (3) (d) (ii) exceeds (3) (d) (i), the
				threshold rate in (3) (d) (ii) shall be increased to a percent which causes the
				result of (3) (d) (ii) to equal (3) (d) (i). The district shall be reimbursed
				$.40 for each dollar calculated in (3) (a) that exceeds the amount calculated
				by multiplying the threshold rate times the district's prior year special
				education spending to avoid reversion.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3813 - LOCAL MATCHING FUNDS

Current through Register Vol. 13, July 5, 2024
(1) Districts must
				provide local matching funds for special education to ensure that the districts
				pay at least one dollar for every three dollars of state special education
				allowable cost funds distributed in the form of instructional and related
				services block grants. The Superintendent of Public Instruction will provide to
				districts certified reports of required local match amounts.
(2) The Superintendent of Public Instruction
				will determine from district prior fiscal year trustees' financial summary
				reports if local match has been met.
(a)
				Demonstration that local match contributions have been made is determined by
				totaling the prior fiscal year special education allowable cost expenditures,
				defined in ARM
				10.16.3806 and
				10.16.3807, as reported on the
				annual trustees' financial summary for the general fund, the impact aid fund,
				the metal mines tax reserve fund and state mining impact fund. Those prior
				fiscal year expenditures must equal or exceed the district's minimum special
				education expenditures to avoid reversion for the prior fiscal year.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3814 - ADVANCE ON SPECIAL EDUCATION ALLOWABLE COST PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) A district may be eligible for an advance
				on its special education allowable cost payment if it experiences severe
				economic hardship because of exceptional special education costs.
(2) Application for an advance on a special
				education allowable cost payment must be made to the Superintendent of Public
				Instruction in writing and include requested documentation.
(3) The Superintendent of Public Instruction
				will determine eligibility for an advance on a district's special education
				allowable cost payment based upon the following requirements:
(a) The Superintendent of Public Instruction
				has funds available to meet the advance request.
(b) The exceptional special education costs
				are an unforeseen need of the district that cannot be postponed until the next
				school year without dire consequences affecting the ability to provide a free
				appropriate public education to its students with disabilities.
(c) The district adopts a budget amendment
				under
				20-9-161(6),
				MCA.
(d) Other revenues are not
				available to the district that could address the unforeseen cost, including:
(i) district reserves;
(ii) available cooperative funds;
(iii) Individuals with Disabilities Education
				Act, Part B funds; and
(iv) cash
				available in other funds of the district.
(e) The exceptional special education costs
				combined with budgeted special education allowable cost expenditures exceed 110
				percent of the current fiscal year minimum special education budget to avoid
				reversion.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3815 - SPECIAL EDUCATION TRANSFERS AND PAYMENTS TO OTHER DISTRICTS AND COOPERATIVES

Current through Register Vol. 13, July 5, 2024
(1) To meet its
				obligation to provide services for students with disabilities, a district may
				establish its own special education program, participate in a full service
				cooperative for special education services established under
				20-7-451,
				MCA, or enter into an interlocal agreement, as defined in Title 7, chapter 11,
				part 1, MCA, with another district.
(2) If a district chooses to enter into an
				interlocal agreement with another district to receive special education
				services, it may pay its state special education allowable cost payment,
				required block grant match and additional costs of providing services to the
				providing district on a reimbursement basis.
(a) The payment must be deposited to the
				miscellaneous programs fund or the interlocal agreement fund of the district
				providing services.
(b) The receipt
				and expenditure of the money by the district providing special education
				services must be identified on the accounting records using a project reporter
				number.
(i) The accumulated balance in the
				project account must be zero by June 30th of each fiscal year. That is,
				receipts must equal total expenditures.
(ii) Any amounts received but not obligated
				must be returned to the paying district by June 30th and recorded as an
				expenditure abatement by the paying district and a revenue abatement by the
				district providing the service.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3816 - DISTRIBUTION OF SPECIAL EDUCATION ALLOWABLE COST PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) The state will distribute the special
				education allowable cost payments to districts and cooperatives at the same
				time direct state aid payments are made under
				20-9-344,
				MCA.
(2) A district's instructional
				and related services block grants are based on current ANB.
(a) Except as provided in (2) (b), subsequent
				increases or decreases in ANB after the final budget is adopted will not
				increase or decrease the district's block grant funding.
(b) In cases of significant adjustments in
				ANB, the Superintendent of Public Instruction may require adjustment of the
				block grant funding.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3817 - SPECIAL EDUCATION FUNDING REVERSION

Current through Register Vol. 13, July 5, 2024
(1) If at fiscal
				year end school district special education allowable cost expenditures do not
				equal or exceed the amount of special education instructional and related
				services block grant funds plus required local match, as indicated by the
				annual trustees' financial summary, the district is required to revert the
				unspent portion of the special education allowable cost payment in the ensuing
				fiscal year. The unspent balance of state special education allowable cost
				funding cannot be used to reduce local levies or to increase the operating
				reserves, but must be used to reduce the state special education allowable cost
				payment of the district for the ensuing fiscal year through the reversion
				calculation described in (3) . If special education allowable cost payments are
				not received by that district in the ensuing fiscal year, the district must
				return the unspent portion by warrant by December 31.
(2) For purposes of determining the special
				education funding reversion required by
				20-9-321,
				MCA, the expenditure information provided on the trustees' annual financial
				report will be used.
(3) The
				reversion will be calculated as follows:
(a)
				Calculate the district's total prior fiscal year expenditures of allowable
				costs in accordance with
				20-7-431,
				MCA, and ARM
				10.16.3806 and
				10.16.3807.
(b) Subtract the district's total prior
				fiscal year expenditures calculated in (3) (a) from the district's prior fiscal
				year minimum special education expenditure to avoid reversion as defined in ARM
				10.16.3803.
(c) If (b) is less than or equal to zero, no
				reversion is required.
(d) If (b)
				is greater than zero, the required reversion amount is calculated by
				multiplying (b) by a factor that ensures that the district has paid a minimum
				of one dollar for every three dollars of state special education
				funds.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3819 - CONTESTED CASES

Current through Register Vol. 13, July 5, 2024
(1) Contested cases
				regarding tuition calculation will be addressed through the procedures for all
				school controversy contested cases before the county superintendents of the
				state of Montana.
20-3-107, MCA;
					 IMP,
					 20-3-210,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.38 - Special Education Funding › Rule 10.16.3820 - TRANSPORTATION FOR SPECIAL EDUCATION STUDENTS WITH DISABILITIES

Current through Register Vol. 13, July 5, 2024
(1) Specialized student transportation, for
				students with disabilities, to and from school is not a special education
				allowable cost. Budget authority for transportation of students with
				disabilities must be established in the transportation fund of the local school
				district and must follow the budgeting procedures established in the Montana
				School Accounting Manual.
20-7-402,
					 MCA; IMP,
					 20-7-403,
					 20-10-145,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.39 - Special Education Cooperatives › Rule 10.16.3901 - DURATION OF COOPERATIVE

Current through Register Vol. 13, July 5, 2024
(1) The interlocal
				agreement creating a special education cooperative must require participating
				districts to remain members for a term of at least three state fiscal years
				which have an effective date of July 1.
(2) Notification of intent to withdraw from a
				cooperative shall be provided no later than October 1 of every third fiscal
				year of the district's commitment of participation.
20-7-457,
					 MCA; IMP,
					 20-7-452,
					 MCA;