Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.16 - SPECIAL EDUCATION › Subchapter 10.16.31 - State and Local Eligibility › Rule 10.16.3122 - LOCAL EDUCATIONAL AGENCY RESPONSIBILITY FOR STUDENTS WITH DISABILITIES

Current through Register Vol. 13, July 5, 2024
(1) The local
				educational agency in which a student with disabilities resides is responsible
				for ensuring the student with disabilities, age 3 through 18, beginning on the
				student's third birthday, including students with disabilities who have been
				suspended or expelled from school, has available a free appropriate public
				education in accordance with the Individuals with Disabilities Education Act
				(IDEA) (
				20
				USC, sections 1401 through
				1419 ) and its
				implementing regulations (34 CFR, part 300), the Montana statutes pertaining to
				special education (Title 20, chapter 7, part 4, MCA) and the administrative
				rules promulgated by the Superintendent of Public Instruction governing special
				education (ARM Title 10, chapter 16) unless the parent has refused initial
				consent for services or has revoked such consent. If the student's third
				birthday occurs in the summer, the individualized education program (IEP) team
				shall decide whether the student is to receive extended school year services
				during the summer. The local educational agency shall participate in transition
				planning conferences arranged by the early intervention provider agency.
(2) For the purposes of this rule,
				"resides" means a student's residence as defined in
				1-1-215,
				MCA.
(3) When the local
				educational agency provides education to students ages 19, 20, or 21, students
				of the same age with disabilities will be provided a free appropriate public
				education in accordance with IDEA.
(4) The local educational agency shall
				implement procedures for students with disabilities in private elementary and
				secondary schools and consistent with the requirements of 34 CFR 130 through
				148 and state administrative rules.
(5) The local educational agency may not
				require parents to obtain a prescription for substances identified under
				schedules I, II, III, IV, or V in section 202c of the Controlled Substances Act
				(
				21 USC
				812 c) for a child as a condition to
				attending school, receiving an evaluation under
				34 CFR 300.300
				through
				300.311,
				or receiving special education and related services in accordance with the
				requirements of the Individuals with Disabilities Education Act.
(6) The local educational agency must conduct
				routine checking of hearing aids in accordance with the requirements of
				34
				CFR 300.113.
(7) The local educational agency must take
				all reasonable steps to provide instructional materials in accessible formats
				to students with disabilities who need those instructional materials at the
				same time as other children receive instructional materials.
(8) Local educational agencies must take
				measurable steps to recruit, hire, train, and retain qualified personnel,
				including individuals with disabilities, to provide special education and
				related services to students with disabilities.
AUTH:
					 20-7-402,
					 MCA; IMP:
					 20-7-403,
					 20-7-414,
					 MCA