BEFORE THE SUPERINTENDENT OF PUBLIC INSTRUCTION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 10.16.3803 and 10.16.3818 pertaining to special education

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NOTICE OF AMENDMENT

 

TO:  All Concerned Persons

 

1.  On September 8, 2011, the Superintendent of Public Instruction published MAR Notice No. 10-16-121 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1772 of the 2011 Montana Administrative Register, Issue Number 17.

 

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

 

            10.16.3803  DEFINITIONS  The following definitions apply to rules affecting the funding of special education programs:

            (1) through (10) remain as proposed.

            (11)  "Low incidence disability services" means services to students whose disability occurs in less than one percent of the statewide public school population, presents a need for very intensive special education services, and costs for the services exceed the average costs for other students with disabilities.  Low incidence disabilities include autism, deafness or hearing impairments, vision impairments, and emotional disturbance when the emotional disturbance requires a more intense program such as day treatment most effectively provided in a multidistrict program.

            (12) through (16) remain as proposed.

 

            10.16.3818  SPECIAL EDUCATION TUITION RATES  (1) through (3)(c)(iii) remain as proposed. 

            (iv)  the host district uses any remaining unreserved balance after operating the prior year's special education program for low incidence disabilities to defray the following ensuing year's program costs used to determine the tuition rate; and

            (v) through (7) remain as proposed.

 

3.  The Superintendent of Public Instruction has thoroughly considered the comments and testimony received.  A summary of the comments received and the Superintendent's responses are as follows:

 

COMMENT #1:  Tim Harris, Special Education Division Administrator recommended the addition of "statewide public" in ARM 10.16.3803 to clarify the school population involved and the deletion of the last sentence because it wasn't necessary to the definition and may result in excluding some students.  Mr. Harris recommended changing the terms in ARM 10.16.3818 for clarity and consistency with other rules.

 

RESPONSE #1:  The Superintendent concurs with the recommended changes.

 

 

 

 

/s/ Ann Gilkey                                               /s/ Denise Juneau

Ann Gilkey                                                    Denise Juneau

Rule Reviewer                                             Superintendent of Public Instruction

                                                                                   

Certified to the Secretary of State October 17, 2011.