reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.105 - COMMENCEMENT OF ACTION/REQUIREMENTS OF THE NOTICE OF APPEAL

Current through Register Vol. 13, July 5, 2024
(1) The appealing party shall be known as
				petitioner, and the responding party shall be known as respondent.
(2) When a party appeals to the county
				superintendent, the notice of appeal must include:
(a) a caption setting forth the name and the
				county of the superintendent;
(b)
				the names and addresses of all appropriate parties;
(c) a clear and concise statement of the
				matters asserted;
(d) a statement
				setting forth the basis for the contested case that the county superintendent
				has proper jurisdiction;
(e)
				references to the particular sections of the statutes and rules
				involved.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.106 - NOTICE OF HEARING (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.107 - CONFERENCE AND INFORMAL DISPOSITION

Current through Register Vol. 13, July 5, 2024
(1) The
				county superintendent may informally confer with the parties for the purpose of
				attempting informal disposition of any contested case.
(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 county superintendent. The parties may
				informally confer to resolve the school controversy contested case by
				stipulation, agreed settlement, consent order, or default. 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 and bar further
				proceedings.
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.108 - COUNTY SUPERINTENDENT'S PREHEARING PROCEDURE - FORMULATING ISSUES

Current through Register Vol. 13, July 5, 2024
(1) In any action, the county superintendent
				within 10 working days of receipt of the reply to the appeal shall order a
				prehearing conference, which may be held by telephone conference call, to
				consider:
(a) the simplification of the
				issues;
(b) the necessity or
				desirability of amendments to the pleading;
(c) the possibility of obtaining admissions
				of fact and documents which will avoid unnecessary proof;
(d) a limitation of the number of expert
				witnesses;
(e) the date for
				hearing;
(f) such other matters as
				may aid in the disposition of the action.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.109 - DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) The county superintendent may compel or
				limit discovery prior to the hearing and/or prehearing conference pursuant to
				ARM 10.6.110 through
				10.6.113.
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.110 - DISCOVERY METHODS

Current through Register Vol. 13, July 5, 2024
(1) Parties may
				obtain discovery by one or more of the following methods:
(a) depositions upon oral examination or
				written questions;
(b) written
				questions;
(c) production of
				documents or things, or permission to enter upon land or property;
(d) request for admissions.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.111 - SCOPE OF DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) Unless
				otherwise limited by order of the county superintendent, the scope of discovery
				is as follows:
(a) in general, parties may
				obtain discovery regarding any matter not privileged, which is relevant to the
				subject matter involved in the pending action, whether it relates to the claim
				or defense of the party, including the existence, description, nature, custody,
				condition and location of any books, documents or other tangible items and the
				identity and location of persons having knowledge of any discoverable
				material;
(b) a party may discover
				facts known or opinions held by an expert who has been retained or specially
				employed by another party in anticipation of litigation or preparation for
				hearing.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.112 - LIMITATIONS ON DISCOVERY BY THE COUNTY SUPERINTENDENT

Current through Register Vol. 13, July 5, 2024
(1) Upon motion by a party or by the person
				from whom discovery is sought, and for good cause shown, the county
				superintendent before whom the action is pending may make any order which
				justice required to protect a party or person from annoyance, embarrassment,
				oppression, or undue burden or expense, including one or more of the following:
(a) that the discovery not be had;
(b) that the discovery may be had only on
				specified terms and conditions, including a designation of the time or
				place;
(c) that the discovery may
				be had only by a method of discovery other than that selected by the parties
				seeking discovery;
(d) that certain
				matters should not be inquired into, or that the scope of the discovery be
				limited to certain matters;
(e)
				that discovery be conducted with no one present except persons designated by
				the county superintendent.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.113 - SEQUENCE AND TIMING OF DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) The
				county superintendent shall provide reasonable discovery on the relevant issues
				for the hearing and shall establish a calendar so as not to allow discovery to
				delay a hearing. A request for discovery directed to the party must be made
				within 30 days of filing of respondent's reply to the notice of
				appeal.
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.114 - EX-PARTE CONSULTATIONS

Current through Register Vol. 13, July 5, 2024
(1) The county
				superintendent, after receipt of a notice of appeal, 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.
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.115 - POWERS OF THE COUNTY SUPERINTENDENT

Current through Register Vol. 13, July 5, 2024
(1) The
				county superintendent may:
(a) administer
				oaths;
(b) issue
				subpoenas;
(c) provide for the
				taking of testimony by depositions;
(d) set the time and place of the hearing and
				direct parties to appear and confer to consider simplification of the
				issues;
(e) fix the time for filing
				of briefs and other documents;
(f)
				request the submission of proposed findings of fact and conclusions of law at
				the conclusion of the hearing.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.116 - HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) The hearing will be conducted before the
				county superintendent in the order set at the prehearing conference and will
				include:
(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.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.117 - ABILITY OF CROSS-EXAMINATION OR PARTICIPATION IN THE HEARING (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.118 - RECORD

Current through Register Vol. 13, July 5, 2024
(1) The record in the hearing shall include:
(a) all pleadings, motions, intermediate
				ruling;
(b) all evidence received
				plus a stenographic or tape-recorded record of oral proceeding;
(c) a statement of matters officially
				noticed;
(d) questions and offers
				or proof, objections and proceedings thereon;
(e) proposed findings and
				exceptions;
(f) findings of fact,
				conclusions of law and order by the county superintendent.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.119 - FINAL ORDER

Current through Register Vol. 13, July 5, 2024
(1) The final order
				by the county superintendent shall be in writing and shall include findings of
				fact and conclusions of law separately stated and a memorandum opinion as
				appropriate. Findings of fact, as set forth in statutory language, shall be
				accompanied by a concise and explicit statement of the underlying facts
				supporting the findings.
(a) Findings of fact
				shall be based exclusively on the evidence and on matters officially
				noticed.
(b) Each conclusion of law
				shall be supported by authority or by a reasoned opinion.
(c) The final order shall inform the parties
				of their right to appeal the order to the state superintendent of public
				instruction, and when appropriate, shall include a copy of the uniform rules of
				administrative appellate procedure for the state superintendent of public
				instruction with the final order, ARM
				10.6.120 through
				10.6.130.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.119A - FINAL ORDER ON SPECIAL EDUCATION DUE PROCESS HEARING DECISIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 20-3-211,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.120 - COUNTY ATTORNEY RULE (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.121 - APPELLATE PROCEDURE - SCOPE OF RULES

Current through Register Vol. 13, July 5, 2024
(1)
				The superintendent of public instruction shall decide matters of controversy
				when they are appealed from a decision of a county superintendent.
(2) All references made to the county
				superintendent shall also include the county transportation committee where
				appropriate.
(3) A party who is
				aggrieved by a final decision in a contested case before the county
				superintendent is entitled to appellate review by administrative appeal to the
				state superintendent. The superintendent of public instruction shall make
				his/her decision on the basis of the record established at the county
				superintendent hearing and upon review of the findings of fact, conclusions of
				law and order of the county superintendent.
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.122 - APPELLATE PROCEDURE - NOTICE OF APPEAL - FILING

Current through Register Vol. 13, July 5, 2024
(1) An appeal shall be taken by filing a
				notice of appeal with the state superintendent of public instruction. The date
				of filing shall be the date of actual delivery to the office of the state
				superintendent. A copy of such notice of appeal shall be served on the parties
				and the county superintendent. Failure of any party to take any step other than
				the timely filing of a notice of appeal does not affect the validity of the
				appeal but is grounds for such action as the state superintendent deems
				appropriate, which may include dismissal of the appeal.
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.123 - APPELLATE PROCEDURE - CONTENTS OF THE NOTICE OF APPEAL

Current through Register Vol. 13, July 5, 2024
(1) the appealing party shall be known as
				appellant, and the responding party shall be known as respondent. When a party
				appeals to the state superintendent of public instruction, the notice of appeal
				must include:
(a) a caption setting forth the
				name of the state superintendent of public instruction;
(b) the name and addresses of all appropriate
				parties;
(c) a clear and concise
				statement of the matters asserted on appeal;
(d) a statement indicating that appellant has
				a contested case, identifying the county superintendent from which the appeal
				is taken and whether the state superintendent has proper
				jurisdiction;
(e) references to the
				particular sections of the statutes and rules involved;
(f) the signature of the petitioner and/or
				the petitioner's representative;
(g) a copy of the findings of fact,
				conclusions of law and order of the county superintendent.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.124 - APPELLATE PROCEDURE - TRANSMISSION OF RECORD

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of a copy of the notice of
				appeal to the state superintendent of public instruction, the county
				superintendent shall transmit the record along with a certified docket listing
				the contents of the record. The record shall contain all items identified in
				ARM 10.6.118 including a transcript of
				the proceedings. Such records shall be transmitted to the state superintendent
				within 20 days following receipt of the notice of appeal unless otherwise
				ordered by the state superintendent.
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.125 - APPELLATE PROCEDURE - STANDARD OF REVIEW

Current through Register Vol. 13, July 5, 2024
(1) The state superintendent of public
				instruction shall be subject to the standard of review as set forth below and
				shall be confined to the record established at the fact finding
				hearing.
(2) In cases of alleged
				irregularities in procedure before the county superintendent not shown on the
				record, proof thereof may be taken by the state superintendent.
(3) The state superintendent, at his/her
				discretion or upon request, may hear oral arguments and receive written
				briefs.
(4) The state
				superintendent may not substitute his/her judgment for that of the county
				superintendent as to the weight of the evidence on questions of fact. The state
				superintendent may affirm the decision of the county superintendent or remand
				the case for further proceedings or refuse to accept the appeal on the grounds
				that the state superintendent fails to retain proper jurisdiction on the
				matter. The state superintendent may reverse or modify the decision if
				substantial rights of the appellant have been prejudiced because the findings
				of fact, conclusions of law and order are:
(a) in violation of constitutional or
				statutory provisions;
(b) in excess
				of the statutory authority;
(c)
				made upon unlawful procedure;
(d)
				affected by other error of law;
(e)
				clearly erroneous in view of the reliable, probative and substantial evidence
				on the whole record;
(f) arbitrary
				or capricious or characterized by abuse of discretion or clearly unwarranted
				exercise of discretion;
(g)
				affected because findings of fact upon issues essential to the decision were
				not made although requested.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.126 - APPELLATE PROCEDURE - COMMENCEMENT OF ACTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.127 - APPELLATE PROCEDURE - TIME

Current through Register Vol. 13, July 5, 2024
(1) Appellant
				shall appeal from the order of the county superintendent of schools to the
				state superintendent of public instruction within 30 days after the rendering
				of such order unless the time is shortened or extended by an order entered by
				the state superintendent upon good cause showing. If a party petitions for a
				re-hearing before they appeal the final decision to the state superintendent,
				then the 30-day statute of limitations shall be tolled until a final decision
				has been rendered by the county superintendent.
(2) The decision of the superintendent of
				public instruction shall be rendered within a reasonable time after the case
				has been deemed submitted by the state superintendent.
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.128 - APPELLATE PROCEDURE - DECISION

Current through Register Vol. 13, July 5, 2024
(1) The
				decision and order of the superintendent of public instruction shall be final,
				subject to the proper legal remedies in the state/federal courts. Such
				proceedings shall be commenced no later than 60 days after the date of the
				decision and order of the state superintendent of public instruction.
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.129 - APPELLATE PROCEDURE - FAILURE TO COMPLY WITH THESE RULES

Current through Register Vol. 13, July 5, 2024
(1) Every party to a controversy shall comply
				with these rules of procedure. Failure of one party to do what is required and
				which substantially prejudices the proceedings is cause for dismissal or
				reversal as appropriate.
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA › Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana › Rule 10.6.130 - APPELLATE PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) The state
				superintendent may upon agreement of all parties conduct oral argument by means
				of telecommunication or teleconferencing methods.
20-3-107, MCA;
					 IMP,
					 20-3-107,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.102 - CRITERIA FOR ESTABLISHING TRANSPORTATION AREAS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
20-3-106,
					 MCA; IMP,
					 20-10-112,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.103 - TRANSPORTATION REIMBURSEMENT ELIGIBILITY CRITERIA (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-3-106,
					 20-10-112,
					 MCA; IMP,
					 20-10-121,
					 20-10-145,
					 20-10-146,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.104 - CLAIM PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) First semester:
(a) By February 15 the board of trustees must
				provide the county superintendent with one complete copy of the first semester
				transportation claim using forms provided electronically by the Superintendent
				of Public Instruction. The district claims must be signed by the chairman of
				the board of trustees and a copy must be retained on file at the district for
				audit purposes.
(b) By February 22
				the county superintendent must review each district's claim for completeness
				and accuracy, and electronically notify the Superintendent of Public
				Instruction of the county superintendent's approval of each district's first
				semester transportation claim.
(c)
				Valid claims submitted by the district and approved by the county
				superintendent after February 22 will be paid with the second semester
				transportation reimbursement.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.105 - PUPIL TRANSPORTATION CONTRACTS

Current through Register Vol. 13, July 5, 2024
(1)
				School districts are required to have individual transportation contracts for
				the ensuing year signed by July 1.
(2) Three copies of the contract form are
				needed: one for the individual or contractor providing the service, one for the
				district clerk, and one for the county superintendent.
(3) The board of trustees is prohibited from
				issuing warrants on the transportation budget in the absence of a
				contract.
(4) State reimbursement
				is paid only on claims supported by valid contracts.
20-3-106,
					 20-10-112,
					 MCA; IMP,
					 20-10-121,
					 20-10-124,
					 20-10-143,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.106 - CONTENTS AND LIMITATIONS OF PUPIL TRANSPORTATION CONTRACTS

Current through Register Vol. 13, July 5, 2024
(1) Section
				20-10-124,
				MCA, provides for contracts between a school district and a parent, legal
				guardian or an emancipated minor to fulfill the district's obligation to
				furnish transportation for an eligible transportee.
(2) A school district may enter into a
				contract for the provision of individual transportation only if the student
				being transported is an eligible transportee of the district.
(a) An eligible transportee, as defined in
				20-10-101,
				MCA, is deemed by law "to reside with a parent or guardian who maintains legal
				residence within the boundaries of the district furnishing the transportation
				regardless of where the eligible transportee actually lives when attending
				school."
(i) An emancipated minor may also be
				considered an eligible transportee if the other criteria of
				20-10-101(2),
				MCA, are met.
(ii) Prekindergarten
				pupils with disabilities are considered eligible transportees regardless of
				distance between home and school or bus stop.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.106A - TRANSPORTATION COSTS ALLOCATED BY OUT-OF-DISTRICT ATTENDANCE AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) If trustees of a student's districts of
				residence and attendance sign an out-of-district attendance agreement that
				includes transportation, either district may provide bus transportation or a
				pupil transportation contract under the conditions of ARM
				10.7.105. The student may be the
				eligible transportee of the district providing transportation. A waiver of
				tuition does not affect the eligibility of the student for
				transportation.
(2) On-schedule
				costs of transporting the eligible transportee may be claimed for
				transportation aid in accordance with
				20-10-141
				and
				20-10-142,
				MCA. On-schedule costs may not be charged to any person or entity who is a
				party to the out-of-district attendance agreement.
(3) Pursuant to
				20-5-323,
				MCA, a school district transporting a student under an out-of-district
				attendance agreement may charge for over-schedule costs of transportation if
				stated in the attendance agreement. Over-schedule costs of transporting an
				out-of-district student, as limited by
				20-5-323(5),
				MCA, may be charged to the entity that could be held responsible for paying
				tuition under an attendance agreement required by 20-3-320 or
				20-5-321,
				MCA. For discretionary attendance agreements allowed by
				20-5-320,
				MCA, the district of residence may refuse to accept responsibility for the
				over-schedule costs of transportation at the time the attendance agreement is
				signed by indicating so on the agreement form.
(4) In accordance with
				20-5-323,
				MCA, the over-schedule costs charged under an attendance agreement for the
				school year 20XX may not exceed the lesser of:
(a) the transportation fund expenditures
				reported by the district of residence on the Trustees' Financial Summary for
				20XX-2, divided by the total October 1 enrollment for the school year 20XX-2;
				or
(b) the number of miles added to
				a bus route or routes to accommodate students attending under attendance
				agreements, divided by the number of students riding the buses under the
				attendance agreement(s), times $0.35, times the number of days the route or
				routes are conducted for the year of attendance.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.107 - CONTINGENCY TRANSPORTATION AND BUDGET AMENDMENTS FOR TRANSPORTATION

Current through Register Vol. 13, July 5, 2024
(1) Whenever, during the course of a school
				year, the district becomes obligated to provide transportation for a student,
				the board of trustees immediately must:
(a)
				provide bus service for the eligible transportee; or
(b) enter into a contract with the parent,
				legal guardian or emancipated minor, and transmit a copy of the contract to the
				county superintendent, who transmits one copy immediately to the Superintendent
				of Public Instruction.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.108 - BUS CONTRACTS

Current through Register Vol. 13, July 5, 2024
(1) Contracts
				between districts and bus contractors must be signed prior to the adoption of
				the budget by the trustees. Such contracts may run for a period of more than
				one year but not exceeding five years. Whenever a new contract is completed,
				one copy is retained by the bus contractor, one copy is retained by the
				district clerk and one copy is transmitted to the county
				superintendent.
20-3-106,
					 20-10-112,
					 MCA; IMP,
					 20-10-124,
					 20-10-143,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.109 - BUS TRANSPORTATION REIMBURSEMENT-SCHOOL DISTRICT APPLICATION TR-1 FOR REGISTRATION OF SCHOOL BUSES AND STATE REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) The form used for this application,
				designated form TR-1, must be completed by the board of trustees for each
				approved bus route in the district.
(a) The
				trustees shall send one copy of a TR-1 for each route to the county
				superintendent by November 1 and must submit the information for each route
				electronically to the Superintendent of Public Instruction.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.110 - STANDARDS FOR SCHOOL BUSES

Current through Register Vol. 13, July 5, 2024
(1) Section
				20-10-141,
				MCA, establishes a schedule of bus transportation expenditures reimbursable
				from state funds. Reimbursable bus transportation shall be made on vehicles
				that are in compliance with
				20-10-101,
				MCA, and that meet the definition of school bus under state and federal law.
				Motor vehicles designed to carry ten or fewer persons do not meet the
				definition of a school bus and are not eligible for route reimbursement. To be
				eligible for reimbursement, motor vehicles that carry more than ten persons
				must meet the school bus standards set by the Board of Public Education for
				school buses in Montana and must pass semiannual inspection by the Highway
				Patrol.
(2) State and county
				reimbursement for bus transportation will only be paid for routes operated with
				buses (either district-owned or contractor-owned) that pass the Montana Highway
				Patrol's inspection. The Montana Highway Patrol's inspection will determine if
				the school bus meets the Minimum Standards for School Buses in Montana as
				adopted by the Board of Public Education.
(3) Section
				61-9-502,
				MCA, requires that the Montana Highway Patrol perform semiannual inspections of
				school buses. The first semiannual inspection must be passed prior to the
				beginning of the first semester. The second semiannual inspection must be
				passed no later than January 31.
(4) Only school buses that pass inspection
				may be used to transport students and only school buses that pass inspection
				will receive state and county transportation reimbursement. A school bus that
				fails to pass inspection will not be eligible for state and county
				reimbursement until the bus is reinspected and approved by the inspecting
				officer. The school district is responsible for contacting the Montana Highway
				Patrol for bus inspections. Nothing in this rule precludes the Montana Highway
				Patrol from inspecting school buses at other times as the highway patrol sees
				fit.
(5) Buses that are placed in
				operation after the school semester has begun must be inspected and approved by
				the Montana Highway Patrol before the vehicle is operated on the established
				route.
20-3-106,
					 20-10-112,
					 MCA; IMP,
					 20-10-101,
					 20-10-102,
					 20-10-104,
					 20-10-111,
					 20-10-112,
					 20-10-141,
					 61-9-502,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.112 - SUMMARY OF REQUIREMENTS FOR BUS TRANSPORTATION FOR ELIGIBILITY FOR STATE REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) The route (the
				area served and the miles per day) must be established by the board of
				trustees, by board resolution.
(2)
				The route must be approved by the county transportation committee. (
				20-10-132,
				MCA.)
(a) A district may not extend a bus
				route to transport pupils from outside its transportation service area unless
				the district has a written agreement with the district that the county
				transportation committee has assigned to transport the pupils. Without a
				written agreement between districts authorizing the route, the county
				transportation committee must withdraw its approval of the entire route. (
				20-10-126,
				MCA.)
(b) The county transportation
				committee may not approve only a portion of a route. The route must be approved
				or denied in its entirety.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.113 - "TWO CONTRACT AMOUNT" REGULATION

Current through Register Vol. 13, July 5, 2024
(1) The law
				which establishes the schedule governing payments to families prohibits paying
				more than one contract amount to any family. (An exception is noted in
				20-10-142,
				MCA.) To comply with this law, the following rules have been adopted:
(a) If two or more eligible transportees are
				transported by a parent or guardian to two or more schools located within three
				miles of one another, and if such schools are operated by different school
				districts, the total amount of the reimbursement, calculated using the distance
				to the furthest school, shall be divided equally between the districts.
(i) The reimbursement paid to each district
				may be less than 35 cents per day, but the combined payment for the contract
				shall not be less than 35 cents per day.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.114 - SCHEDULE FOR TRANSPORTATION PAYMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				schedule for paying for individual and isolated (or "increased") transportation
				or for room and board in lieu of bus transportation is found in
				20-10-142,
				MCA. This section establishes the amount of individual payments to parents for
				transporting their children to school (if they reside in an area not served by
				a school bus) or to a bus stop.
(2)
				Section
				20-10-142,
				MCA, authorizes the board of trustees and the county transportation committee,
				subject to written approval by the Superintendent of Public Instruction, to
				alter or increase the payments to a family if, because of isolation, the
				schedule is inadequate. This "increased" payment (also called "isolated"
				transportation) is 50% of the authorized amount. All isolated ("increased")
				transportation must be approved by the county transportation committee prior to
				approval by the Superintendent of Public Instruction.
(3) In cases where the family must move and
				maintain two households or where the family must board the student near the
				school, the family may be eligible for the room and board rate of $12.95 per
				day for the first child and $8.40 per day for each additional child. All
				contracts for room and board reimbursement must be approved by the county
				transportation committee prior to approval by the Superintendent of Public
				Instruction.
(a) If there is more than one
				eligible transportee of the same household, and the eligible transportees
				attend schools operated by more than one school district, the rate of $12.95
				per day shall be paid to the district enrolling the student with the highest
				grade level. Additional reimbursement will be at the rate of $8.40 per day per
				student.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.115 - SCHEDULE FOR BUS TRANSPORTATION

Current through Register Vol. 13, July 5, 2024
(1) A bus route
				having at least one eligible transportee and meeting other eligibility criteria
				will be reimbursed for bus mileage according to the rate schedule provided in
				20-10-141,
				MCA. A bus route without at least one eligible transportee is not eligible to
				receive reimbursement.
(2)
				Reimbursement is not authorized for bus transportation provided for pupils who
				live less than three miles from school unless the pupils have transportation
				listed as a related service on individualized education plans.
(3) Nonbus mileage is reimbursable for a
				vehicle driven by a bus driver to and from an overnight location of a school
				bus when the location is more than ten miles from the school. Reimbursement for
				nonbus mileage is 50 cents per mile.
(4) If a bus route is made up of a series of
				legs where one complete set of students disembarks from the bus and a new set
				of students board, the riders must be reported on more than one TR-1 bus route
				form. The district must report the legs as separate parts of a single route
				(e.g., Route 1A, 1B and 1C) by submitting a separate form for each section of
				the route ending where all of the students disembark to board another bus or to
				attend school before the bus continues to another destination.
20-3-106,
					 20-10-112,
					 MCA; IMP,
					 20-10-141,
					 20-10-142,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.116 - ISOLATION ALLOWED TO INCREASE THE INDIVIDUAL TRANSPORTATION RATE

Current through Register Vol. 13, July 5, 2024
(1) When the board of trustees of a school
				district establishes a program of "isolated transportation payments"--that is,
				increase in the individual transportation rates due to isolation--individual
				families entering into transportation contracts with the board of trustees may
				apply for an "isolated" or increased individual, rate of payment.
(2) The board of trustees and the county
				transportation committee, in acting on applications for increased individual
				payments due to isolation, should judge each application in relation to all
				others in the district and county.
(3) The following factors are suggested to be
				considered by the county transportation committee in determining if increased
				payments for isolated conditions are appropriate:
(a) student lives at least seven miles from
				school and no school bus is provided, or lives at least seven miles from the
				bus stop; and
(b) roads are not
				graded for at least one-half of the distance from home to the school or bus
				stop, and roads present considerable difficulty in bad weather, and special
				equipment ordinarily is required; and
(c) county transportation committee
				determines that hardship (physical and/or financial) exists.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.117 - SCHOOL TRANSPORTATION CALENDAR (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-3-106,
					 20-10-112,
					 MCA; IMP,
					 20-10-112,
					 20-10-145,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.7 - PUPIL TRANSPORTATION › Subchapter 10.7.1 - Pupil Transportation › Rule 10.7.118 - SCHOOL TRANSPORTATION FORMS LISTED BY FORM NUMBER

Current through Register Vol. 13, July 5, 2024
(1) Form TR-1, Combined School District
				Application for Registration of School Bus and State Reimbursement:
(a) Forms supplied electronically by the
				Superintendent of Public Instruction;
(b) Forms completed by district officials,
				due in county superintendent's office by November 1;
(c) Completed forms transmitted
				electronically to the Superintendent of Public Instruction by November
				1;
(d) Forms electronically
				authorized by the county superintendent by November 10;
(e) Forms processed electronically, rated,
				and approved by the Superintendent of Public Instruction.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.10 - SPECIAL ACCOUNTING PRACTICES › Subchapter 10.10.1 - Obligation of Debts Incurred for the Purchase of Property › Rule 10.10.101 - VALID OBLIGATION CRITERIA FOR ENCUMBRANCES

Current through Register Vol. 13, July 5, 2024
(1) The district may encumber current year
				appropriations for valid obligations existing as of June 30th. Encumbrances
				outstanding at year end shall be added to current year expenditures to arrive
				at the budgetary basis expenditures for the year. Expenditures shall be
				reported on the trustee's financial summary using the budgetary
				basis.
(2) Criteria for determining
				whether a valid obligation exists are as follows:
(a) The cost of personal property, including
				materials, supplies and equipment, ordered but not received may be encumbered
				if a valid purchase order for the items was issued prior to June
				30th.
(b) The cost of commitments
				related to construction in progress may be encumbered if a legally binding
				contract was signed and effective or a valid purchase order was issued prior to
				June 30th. If performance under the contract is complete, or virtually
				complete, the cost of the entire contract should be accrued.
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.10 - SPECIAL ACCOUNTING PRACTICES › Subchapter 10.10.2 - Clearing Accounts › Rule 10.10.201 - ESTABLISHMENT

Current through Register Vol. 13, July 5, 2024
(1) A single payroll or claims clearing
				account may be established for elementary and high school districts.
20-9-220, MCA;
					 IMP,
					 20-9-220,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.10 - SPECIAL ACCOUNTING PRACTICES › Subchapter 10.10.2 - Clearing Accounts › Rule 10.10.202 - MONTHLY TRANSFERS TO EQUAL WARRANTS ISSUED PLUS UNREMITTED PAYROLL LIABILITIES

Current through Register Vol. 13, July 5, 2024
(1) Warrants issued
				from the clearing account and unremitted payroll liabilities must equal the
				total of the amounts transferred to the clearing accounts. The county treasurer
				must be notified by letter of the monthly transfers to be made along with a
				list of warrants written, a list of authorized direct deposits for payroll, or
				a duplicate of each warrant.
20-9-102,
					 20-9-201,
					 20-9-220, MCA;
					 IMP,
					 20-9-102,
					 20-9-201,
					 20-9-220,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.10 - SPECIAL ACCOUNTING PRACTICES › Subchapter 10.10.2 - Clearing Accounts › Rule 10.10.203 - REPORTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-220, MCA;
					 IMP,
					 20-9-220,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.10 - SPECIAL ACCOUNTING PRACTICES › Subchapter 10.10.2 - Clearing Accounts › Rule 10.10.204 - WARRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
20-9-220, MCA;
					 IMP,
					 20-9-220,
					 MCA;
Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.10 - SPECIAL ACCOUNTING PRACTICES › Subchapter 10.10.2 - Clearing Accounts › Rule 10.10.205 - RECONCILIATION

Current through Register Vol. 13, July 5, 2024
(1) The clearing accounts shall be reconciled
				each month. The total of the unpaid outstanding warrants and unpaid payroll
				liabilities shall equal the cash remaining in each clearing account.
20-9-102,
					 20-9-201,
					 20-9-220, MCA;
					 IMP,
					 20-9-102,
					 20-9-201,
					 20-9-220,
					 MCA;