This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) For the purposes of this chapter, the following terms apply:

(a) "Alternative educational options" means a state-approved educational program designed to provide a secondary education outside a traditional high school setting (e.g., Job Corps, Youth Challenge).

(b) "Candidate" means a person applying to take a high school equivalency (HSE) test.

(c) "Chief education officer" means the principal or designated school official (e.g., guidance counselor).

(d) "High school equivalency diploma" means a diploma issued by the state to individuals passing a state-approved high school equivalency test.

(e) "High school equivalency test" means a test designed for individuals without a high school diploma to demonstrate the competencies of a high school graduate.

(f) "Regular school program" means an education program provided by a public, private, or home school for which credits towards graduation are earned.

(g) "School" means an education program provided by a public, private, or home school.

(h) "State HSE test administrator" means the person in the Office of Public Instruction (OPI) who administers the HSE program.

(1) Candidates shall not be currently enrolled in school or have received an accredited high school diploma or high school equivalency credential.

(2) Candidates shall receive a high school equivalency (HSE) diploma when scores meet or exceed the minimum score requirement established by the Board of Public Education.

(3) Candidates must physically reside in Montana and have a Montana mailing address, or claim Montana as their state of residence if tested at a military installation or in a federal correctional institution.

(4) Candidates must be at least 19 years of age.

(1) Candidates 17 and 18 years of age are eligible to test and receive HSE diplomas provided the candidate:

(a) submits to the HSE testing center prior to testing, an original, official school document that clearly identifies the candidate by name, date of birth, and provides the last school enrollment date and signed by the chief education officer verifying that the candidate has been advised of in-school and alternative educational options; and

(b) is no longer enrolled in a regular high school program for credit; or 

(c) resides in a Montana-based job corps center, correctional facility, state-authorized group home, youth challenge, or treatment center and submits a written referral from the facility director or authorized agent (e.g., probation officer).

(2) Candidates with no previous high school enrollment are required to provide documentation from a chief education officer or the county superintendent of the county in which the candidate currently resides, documenting the candidate has not enrolled in school and has been advised of in-school and alternative education options.

(1) A 16-year old candidate may receive a waiver of the age requirement if documentation is submitted and approved by the state HSE test administrator (ARM 10.66.111), as follows:

(a) a completed, signed, and notarized 16-year old age waiver application form providing school status as required under ARM 10.66.112 and notarized permission from the candidate's parent or legal guardian;

(b) a statement from an OPI adult basic education program stating the candidate has successfully completed HSE preparation classes or has attained pre-test scores indicating a likelihood that the candidate will pass the official HSE test; and

(c) a letter on official letterhead stationery from an employer or continuing education training program indicating that acceptance of the candidate is based upon successful completion of the HSE test.

(2) A candidate 16 years of age who resides in a Montana-based job corps center, correctional facility, state-authorized group home, youth challenge, or treatment center may receive a waiver of the age requirement if the candidate submits a written referral from the facility director or authorized agent (e.g., probation officer) and is no longer enrolled in a regular high school program for credit.

(3) Candidates with no previous high school enrollment are required to provide documentation from a chief education officer or the county superintendent of the county in which the candidate currently resides, documenting the candidate has not enrolled in school and has been advised of in-school and alternative education options.

(1) The following items must be submitted to an official HSE testing center prior to testing:

(a) picture identification issued by tribal, state, or federal authorities;

(b) appropriate documentation pursuant to ARM 10.66.112 or ARM 10.66.113 if under the age of 19; and

(c) proof of Montana residency.

(1) Upon advice and consent of the Board of Public Education, the Superintendent of Public Instruction shall establish a schedule of fees that may be charged for the administration of the HSE test. The schedule of fees shall be commensurate with the testing program centers' actual costs related to the HSE test. The Superintendent of Public Instruction shall report annually to the Board of Public Education the status of all fees associated with the HSE test.

(1) Retests must be administered in a test form not previously taken by the examinee and in compliance with the testing service requirements.

(2) Candidates who previously received a Montana high school equivalency credential may retest if higher scores are required for employment or admission to a postsecondary institution. Retesting for this purpose requires prior approval from the state HSE administrator in the Office of Public Instruction. Candidates shall show proof that retesting is necessary by presenting a written request on official letterhead stationery signed by the agent requiring higher scores, stating the reason the higher scores are necessary.

(1) All HSE diplomas are issued by the Superintendent of Public Instruction. Official transcripts and diplomas will be awarded to those who successfully complete the HSE test. Candidates will have access to test results through an official database. The Office of Public Instruction will maintain HSE records permanently. HSE records may be obtained by contacting the state HSE administrator at the Office of Public Instruction, P.O. Box 202501, Helena, Montana 59620-2501.

(2) HSE test transcripts are accepted as official only when reported to the state HSE administrator by official HSE testing centers or by a scoring service recognized by the HSE administrator.

(1) Official HSE test centers may be established as needed with the approval and inspection by the state HSE administrator.

(2) Each Montana HSE test center must meet the requirements, policies, and procedures as proscribed by their individual testing company.

(3) Following approval by the state HSE administrator, the HSE test center's contact information will be posted on the Office of Public Instruction HSE web site.

(2) Programs approved by the American council on education may use funds from the adult education mill levy (section 20-7-705 ) , county literacy will levy in mill (section 20-7-714 ) , federal funds from the National Literacy Act (P.L. 102-73) and other appropriate federal funds to support the external diploma program.

(3) Fees may be charged to participants for the cost of material and/or other operational costs.

(a) A person is a resident of the state, if any of the following conditions are met:

(i) Has resided in the state for thirty consecutive days prior to enrollment;

(ii) Shows evidence of having paid property or income taxes for the current or the immediate prior year.

(b) Proof of age consists of birth certificate or equally authentic documentation.

(2) Persons 19 or 20 years of age may receive a waiver of the age requirement for exceptional circumstances. The applicant for the waiver must submit letter(s) of verification from potential employer or employer including military recruiter should state the need of the external diploma for the purpose of employment and/or promotion. The needs of the educational institutions including educational scholarship or grant donors should cite the requirements of a high school equivalency.

(2) Upon successful completion of the external diploma program, and in accordance with the American council on education, an individual's permanent file will be established and maintained by the program.

(3) The office of public instruction will maintain individual external diploma records file prior to 1992. Verifiable requests for copies of the records will be served.

(2) If an individual withdraws from the program without notifying the external diploma program center after the expiration of the individual program agreement, the center must maintain the individual's active file for five years. Upon expiration of this waiting period, the program will destroy all records.

(1)  The eligibility and qualifications for pursing a Montana proficiency-based diploma (state diploma) pursuant to 20-3-110, MCA, are as follows: 

(a)  An individual is eligible for a state diploma if that individual:

(i)  is at least 17 years of age and otherwise would be eligible for admittance to school under 20-5-101, MCA; and

(ii)  demonstrates, by a written communication from the individual's school district, that the individual is not capable of completing the school district's graduation requirements; and

(b)  An eligible individual qualifies for a state diploma if that individual:

(i)  completes a high school equivalency exam under ARM Title 10, chapter 66, subchapter 1 with a score at least 20% above the minimum passing score;

(ii)  completes a program that includes a community-based mentorship for the individual and that the Superintendent of Public Instruction has determined meets the requirements of 20-3-110(1)(b), MCA; and

(iii)  prepares a written plan for the individual's pathway to college or career readiness that has been approved by the mentor and the program under (1)(b)(ii).

(2)  All state diplomas are issued by the superintendent, who may authorize the program under (1)(b)(ii) to present the diploma to an eligible individual.

(3)  The superintendent is aware that these rules cannot cover all the special circumstances that can arise when determining whether an individual has demonstrated the requirements to receive a state diploma. Therefore, the superintendent may exercise judgment to issue a state diploma in unusual cases when the eligible individual has evidenced in writing specific facts that demonstrate the proficiency, perseverance, and dedication required by 20-3-110, MCA.