Montana Administrative Register Notice 10-55-244 No. 3   02/08/2007    
    Page No.: 173 -- 174
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In the matter of the proposed                         )  NOTICE OF PUBLIC HEARING

amendment of ARM 10.55.716                     )  ON PROPOSED AMENDMENT

relating to substitute teachers                        )


TO: All Concerned Persons


1. On March 1, 2007 at 9:00 a.m. a public hearing will be held in the conference room at the Office of the Commissioner of Higher Education, 46 North Last Chance Gulch, Helena, Montana, to consider the amendment of the above-stated rule.


2. The Board of Public Education will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Public Education no later than 5:00 p.m. on February 12, 2007, to advise us of the nature of the accommodation that you need. Please contact Steve Meloy, P.O. Box 200601, Helena, MT 59620-0601, telephone: (406) 444-6576, FAX: (406) 444-0847, e-mail: smeloy@bpe.montana.edu.


3. The rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined:


10.55.716 SUBSTITUTE TEACHERS (1) through (4) remain the same.

(5) The requirements Sections (2), (3), and (4) of this rule may be waived by the trustees in whole or in part, if the non-licensed substitute has previous teaching or substitute teaching experience in an accredited public school in Montana prior to November 28, 2002.


AUTH: 20-4-102, MCA

IMP: 20-4-102, MCA


4. The Board of Public Education has determined that it is reasonable and necessary to amend this rule to clarify that (5) applies only to (2) through (4) and does not apply to (1). This was the original intention of the CSPAC Chapter 57 rule revision committee when this rule was initially adopted.


5. Pursuant to the agreement between the Board of Public Education and the Legislature, the board does not anticipate any implementation costs, but shall request and report in its adoption notice any cost estimates received from districts during the hearing.


6. Concerned persons may present their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted by mail to the Board of Public Education, P.O. Box 200601, Helena, Montana 59620-0601, or by e-mail to smeloy@bpe.montana.edu and must be received no later than 5:00 p.m. March 8, 2007.


7. Steve Meloy has been designated to preside over and conduct the hearing.


8. The Board of Public Education maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding substitute teachers or other school related rulemaking actions. Such written request may be mailed or delivered to Steve Meloy, P.O. Box 200601, Helena, Montana 59620-0601, faxed to the office at (406) 444-0847, by e-mail to smeloy@bpe.montana.edu, or may be made by completing a request form at any rules hearing held by the Board of Public Education.


9. The bill sponsor notice requirements of 2-4-302, MCA, do not apply. The requirements of 20-1-501, MCA, have been fulfilled. Copies of these rules have been sent to all tribal governments in Montana.



                                                                                 /s/ Diane Fladmo

                                                                                 Diane Fladmo, Chairperson

                                                                                 Board of Public Education




                                                                                  /s/ Steve Meloy

                                                                                  Steve Meloy, Rule Reviewer

                                                                                  Board of Public Education


Certified to the Secretary of State January 29, 2007.




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