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10.51.101   HISTORY
(1) Article X, Section 9 of the 1972 Montana Constitution created the board of public education.
History: Sec. 2-15-1507, MCA; NEW, Eff. 7/2/79.

10.51.102   BOARD MEMBERSHIP
(1) The board of public education consists of seven members appointed by the governor and confirmed by the senate. The governor, superintendent of public instruction and commissioner of higher education are ex officio non-voting members of the board. A student representative, selected by the Montana association of student councils, also sits as a non-voting member of the board for a term not more than two years. In order to assure geographical and political representation on the board of public education, the law provides that not more than four of the seven board members may be from one commission district or affiliated with the same political party. Board members elect a chairman and vice-chairman annually.
History: Sec. 2-15-1507 and 2-15-1508, MCA; IMP, Sec. 2-15-1507, 2-15-1508, MCA; NEW, Eff. 7/2/79; AMD, 2004 MAR p. 1755, Eff. 8/6/04.

10.51.103   CONSTITUTIONAL RESPONSIBILITY
(1) The board is charged with the authority and responsibility of exercising "general supervision over the public school system and such other public educational institutions as may be assigned by law." In the same section the constitution also provides for two other boards, the board of regents of higher education which is charged with the government and control of the Montana university system, and the state board of education, a joint board composed of the members of the board of public education and the board of regents. The state board meets twice a year to plan and coordinate "policies and programs for the state's educational systems."
History: Sec. 2-15-1507 and 2-15-1508, MCA; NEW, Eff. 7/2/79.

10.51.104   RESPONSIBILITY ASSIGNED BY STATUTE
(1) The board of public education is assigned numerous responsibilities by statute including the establishment of policies for: the accreditation of schools, teacher certification, distribution of state equalization aid, special education, school bus standards and regulations, and designation of school days and hours. The board is also assigned by statute the "general supervision" of the Montana school for the deaf and blind and administrative responsibility for the certification standards and practices advisory council.

(a) The Montana school for the deaf and blind is a residential school for children and adolescents who are deaf and blind or whose hearing or sight is so defective that they are unable to receive a sufficient or proper education in the public schools of the state. The purpose of the school is to furnish and provide, by the use of specialized methods and systems, an ordinary public school education and to teach such trades and vocations as will enable children attending the school to become independent and self-sustaining citizens.

(b) The certification standards and practices advisory council was statutorily created to study relevant issues and advise the board of public education on matters related to teacher, school administrator, and specialist certification of individuals admitted to practice in the elementary and secondary schools of Montana. The scope of this study and advice includes preservice and inservice education, professional practices and ethical conduct, teacher education programs, and renewal, denial, suspension, or revocation of certificates. The advisory council may conduct appropriate research related to the forgoing areas of study by such means as trial programs and collection of data from current programs. The advisory council must present its findings and recommendations to the board at least once each year and on other occasions as the advisory council deems necessary. The advisory council may not administer a program or function or set policy.

History: Sec. 20-2-121, 20-8-103, and 20-31-102, MCA; NEW, Eff. 7/2/79; AMD, 1992 MAR p. 2727, Eff. 12/25/92.

10.51.105   BOARD STAFF
(1) The board of public education employs a full-time professional assistant who is designated by statute as executive secretary to the board. The executive secretary is the person responsible for liaison between the board and superintendent of public instruction. The executive secretary functions as the chief executive officer of the board and the certification standards and practices advisory council. The board also employs a full-time administrative officer, administrative assistant, and secretary. All staff members report to and are supervised by the executive secretary.
History: Sec. 20-2-111, 20-2-122, MCA; NEW, Eff. 7/2/79; AMD, 1992 MAR p. 2727, Eff. 12/25/92.

10.51.106   AGENCY FUNCTIONAL CHART

(1) An illlustrative functional chart of the board of public education is attached

Board of Public Education Organizational Chart

History: Sec. 2-15-1518, 20-2-122, 20-8-101, and 20-31-102, MCA; NEW, Eff. 7/2/79.