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Montana Administrative Register Notice 10-57-273 No. 14   07/30/2015    
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BEFORE THE BOARD OF PUBLIC EDUCATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 10.57.102, 10.57.216, 10.57.410 through 10.57.417, 10.57.424, 10.57.428 through 10.57.430, 10.57.433, and 10.57.437 pertaining to educator licensure

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NOTICE OF AMENDMENT

TO: All Concerned Persons

 

1. On June 11, 2015, the Board of Public Education published MAR Notice No. 10-57-273 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 698 of the 2015 Montana Administrative Register, Issue Number 11.

 

2. The board has amended ARM 10.57.102, 10.57.216, 10.57.411, 10.57.413, 10.57.414, 10.57.424, 10.57.433 and 10.57.437 as proposed.

 

          3. The board has amended the following rules as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

10.57.410 CLASS 2 STANDARD TEACHER'S LICENSE (1) and (2) remain as proposed.

(3) If the educator preparation program completed by the applicant is not in Montana, upon initial application of a Class 1, Class 2, or Class 3, the applicant must provide proof of a passing minimum score on the PRAXIS II applicable to the requested endorsement as required by the Montana educator preparation programs established by the Office of Public Instruction and approved by the Board of Public Education.

          (4) and (5) remain as proposed.

 

10.57.412 CLASS 1 AND 2 ENDORSEMENTS (1) remains as proposed.

          (2) Areas approved for endorsement on Class 1 and 2 licenses include the following: agriculture, art K-12, biology, business and information technology education, chemistry, communication, computer science K-12, early childhood (age 3 to grade 3), earth science, economics, elementary education (K-8), English, English as a second language K-12, family and consumer sciences, geography, health, health enhancement K-12, history, industrial trades and technology education, journalism, library K-12, marketing, mathematics, middle grades (4-8), music K-12, physical education K-12, physics, political science, psychology, reading K-12, school counseling K-12, science (broadfield), social studies (broadfield), sociology, special education P-12, theater, traffic education, and world languages K-12.

          (3) through (9) remain as proposed.

         

10.57.415 CLASS 3 ADMINISTRATIVE LICENSE – ELEMENTARY PRINCIPAL ENDORSEMENT (1) through (1)(c) remain as proposed.

          (d) completion of three semester credits of college courses in both Montana school law, and including special education law; and

          (e) remains as proposed.

 

10.57.416 CLASS 3 ADMINISTRATIVE LICENSE – SECONDARY PRINCIPAL ENDORSEMENT (1) through (1)(c) remain as proposed.

          (d) completion of three semester credits of college courses in both Montana school law, and including special education law; and

(e) remains as proposed.

 

10.57.417 CLASS 3 ADMINISTRATIVE LICENSE – K-12 PRINCIPAL ENDORSEMENT (1) through (1)(c) remain as proposed.

          (d) completion of three semester credits of college courses in both Montana school law, and including special education law; and

          (e) remains as proposed.

 

10.57.428 CLASS 5 PROVISIONAL LICENSE – ELEMENTARY PRINCIPAL ENDORSEMENT (1) remains as proposed.

          (2) Applicants required to complete coursework other than Montana school law, including and special education law must also submit written evidence of enrollment in an accredited professional educator preparation program leading to the elementary principal endorsement and enrollment in the Board of Public Education approved internship program as outlined in ARM 10.55.607.

 

10.57.429 CLASS 5 PROVISIONAL LICENSE – SECONDARY PRINCIPAL ENDORSEMENT (1) remains as proposed.

          (2) Applicants required to complete coursework other than Montana school law, including and special education law must also submit written evidence of enrollment in an accredited professional educator preparation program leading to the secondary principal endorsement and enrollment in the Board of Public Education approved internship program as outlined in ARM 10.55.607. 

 

10.57.430 CLASS 5 PROVISIONAL LICENSE – K-12 PRINCIPAL ENDORSEMENT (1) remains as proposed.

          (2) Applicants required to complete coursework other than Montana school law, including and special education law must also submit written evidence of enrollment in an accredited professional educator preparation program leading to the K-12 principal endorsement and enrollment in the Board of Public Education approved internship program as outlined in ARM 10.55.607

 

4. The following comments were received.

 

COMMENT 1: Ann Gilkey, Chief Legal Counsel for the Superintendent of Public Instruction, submitted a comment regarding several rules. The commenter stated that in consultation with the Council of Deans PRAXIS II working committee, University of Montana, School Administrators of Montana, and MEA-MFT, the following changes are requested to be made to the proposed amendments for the reasons listed:

 

          a. It is recommended that the words "Montana educator preparation programs" be changed to the "Office of Public Instruction" in ARM 10.57.410(3) because it is the OPI licensing specialists who evaluate out-of-state applications for licensure and apply the PRAXIS test score requirement.

 

          b. Although "physical education" is now often referred to as "health enhancement," many educator preparation providers still offer endorsements in physical education K-12, health, and health enhancement K-12. It is recommended that "physical education K-12" be returned to ARM 10.57.412.

 

          c. The amendments to ARM Title 10, chapter 58 included more focus on special education law training for principals. However, there is no requirement for a full course in special education law. To be consistent with the changes to Chapter 58, it is recommended that the language in ARM 10.57.415, 10.57.416, 10.57.417, 10.57.428, 10.57.429, and 10.57.430 be changed so that special education law is included in the school law course rather than as a separate course requirement.

 

          d. Concern has been raised about the stricken language on enrollment in an internship program in ARM 10.57.428, 10.57.429, and 10.57.430. As proposed, an applicant for a Class 5 provisional license with a principal endorsement needing more than Montana school law could get a Class 5 license without any supervision. In response to this concern, it is recommended that the stricken language requiring an internship for applicants for a Class 5 license with a principal endorsement who need more than Montana school law be retained. Striking the word "also" clarifies that the applicant does not need both a Class 5 and an internship for the same endorsement.

 

          RESPONSE: The Board of Public Education thanks the commenter for her comments, concurs, and has amended the subject rules as requested with the exception of ARM 10.57.410(3).

 

          COMMENT 2: Steve Meloy, on behalf of the Montana School Boards Association, concurred with Ms. Gilkey's comments and added that the Montana Rural Education Association was involved in the conversation and also concurred with the changes. Mr. Meloy stated he wanted to question the Board of Public Education (BPE) as to whether the PRAXIS II testing requirement be required by the BPE and not OPI since the testing requirement is tied to licensure which is under the purview of the BPE.

 

          RESPONSE: The Board of Public Education thanks the commenter for his comments, concurs, and has amended ARM 10.57.410(3) to incorporate all comments on this section.

 

          COMMENT 3: Marco Ferro, on behalf of the MEA-MFT, concurred with the amendments to the rules submitted by Ms. Gilkey. In later testimony he agreed with Ms. Sheehy Moe's take on the amendments to Class 8 licensure adding that the suggested language does pose a potential problem which the BPE needs to take a close look at, but subsequently withdrew that comment.

 

          RESPONSE: The Board of Public Education thanks the commenter for his comments.

 

          COMMENT 4: Patrick Audet, on behalf of the School Administrators of Montana, stated that he was in agreement with the changes suggested by Ms. Gilkey.

 

          RESPONSE: The Board of Public Education thanks the commenter for his comments.

 

          COMMENT 5: Senator Mary Sheehy Moe, a member of the Education and Local Government Interim Committee, testifying as a private citizen, stated that she had concerns with ARM 10.57.437 dealing with Class 8 licensure. Senator Moe stated that she had been involved in the creation of Class 8 licensure and was concerned that the proposed amendment would require a Class 8 license only when the licensee was teaching at the college or university, but not when faculty members taught at local high schools. 

 

          She also commented that, as a legislator, she had heard testimony on a bill requiring that educator license renewal be contingent on suicide prevention training to help educators recognize symptoms and provide strategies for follow up. Senator Moe stated that the BPE and CSPAC should consider requiring suicide prevention training for licensed educators.

 

          RESPONSE: The Board of Public Education thanks the commenter for her comments and states that the intent of the changes to ARM 10.57.437(1) is that college level educators with a Class 8 license teaching high school students dual credit college level courses would do so on the college or university campus.

 

          With regard to the suicide prevention training, the board will refer this issue to CSPAC for study.

 

 

/s/ Peter Donovan                                 /s/ Sharon Carroll

Peter Donovan                                      Sharon Carroll, Chair

Rule Reviewer                                       Board of Public Education                                                            

Certified to the Secretary of State July 20, 2015.

 

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