Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.55 - STANDARDS OF ACCREDITATION › Subchapter 10.55.6 - General Provisions › Rule 10.55.604 - VARIANCES TO STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) A local board
				of trustees may apply to the Board of Public Education through the
				Superintendent of Public Instruction to implement a variance to an assurance
				standard or a section of assurance standards, excluding standards stating
				statutory criteria, standards pertaining to educator licensure or endorsement,
				and content standards as defined by the Board of Public Education and provided
				in guidance from the Superintendent of Public Instruction.
(a) In its application, the local board of
				trustees shall outline how and why its proposed variance would be workable,
				educationally sound, and designed to meet or exceed results under established
				standards and, where applicable, aligned with program standards under ARM
				10.55.1101 through 10.55.2201.
(b)
				In its application, the school district shall provide evidence through official
				minutes of the board of trustees that local school community stakeholders were
				involved in the consideration and development of the proposed variance to an
				assurance standard or a section of assurance standards. Stakeholder groups
				include trustees, administrators, teachers, classified school staff, families,
				community members, and students as applicable. A district shall provide
				evidence it adopted its application for variance at an official, properly
				noticed meeting of its board of trustees.
(c) An application for variance to an
				assurance standard or a section of assurance standards is due in writing to the
				Superintendent of Public Instruction no later than the second Monday in October
				for the current academic year.
(d)
				Upon receipt, the Superintendent of Public Instruction shall refer applications
				for variance to an assurance standard or a section of assurance standards to a
				pre-appointed review board. The Superintendent of Public Instruction shall
				facilitate and provide organizational support for the meetings of the review
				board.
(i) The review board shall consist of
				the following, appointed by the Superintendent of Public Instruction and
				approved by the Board of Public Education: one trustee, one district
				superintendent, one high school principal, one elementary principal, two high
				school teachers, two elementary school teachers, one tribal council
				representative, and one family or community representative.
(ii) The review board members shall serve
				five-year terms with no limit to the number of terms any one person may serve.
				Terms shall be staggered where half of all positions shall be filled every
				three years prior to the first meeting of the review board in the third
				year.
(e) The review
				board shall review all applications and use a uniform rubric, made available to
				districts in advance of applying to implement a variance to an assurance
				standard or a section of assurance standards. The uniform rubric will ensure
				consistent and high-quality applications from school districts across
				Montana.
(f) The review board shall
				provide its recommendations to the Superintendent of Public Instruction with a
				recommendation for approval, modification, or rejection of the review board's
				recommendation within 60 calendar days of the review board being referred an
				application.
(g) The Superintendent
				of Public Instruction shall provide the Board of Public Education with a
				recommendation for approval, modification, or rejection of the review board's
				recommendation.
(h) If the
				Superintendent of Public Instruction or review board finds an application to be
				preliminarily deficient, the superintendent shall advise the applicant school
				district why that application is not ready for consideration. The applicant
				district shall have the opportunity to change its application as suggested or
				submit it as originally proposed.