Administrative Rules of the State of Montana

BEFORE THE BOARD OF PUBLIC EDUCATION

OF THE STATE OF MONTANA

In the matter of the adoption of New Rule I and amendment of ARM 10.57.102, 10.57.201, 10.57.204, 10.57.215, 10.57.301, 10.57.413, 10.57.420, 10.57.425, 10.57.426, and 10.57.437 pertaining to educator licensure

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION AND AMENDMENT

TO: All Concerned Persons

1. On November 9, 2009, at 9:00 a.m., the Board of Public Education will hold a public hearing in the conference room of the Office of Public Instruction Building, at 1201 11th Avenue, Helena, Montana, to consider the proposed adoption and amendment of the above-stated rules.

2. The Board of Public Education will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process 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 October 30, 2009, to advise us of the nature of the accommodation that you need. Please contact Steve Meloy, P.O. Box 200601, Helena, Montana, 59620-0601, telephone (406) 444-6576; fax (406) 444-0847; or e-mail [email protected].

3. The rule as proposed to be adopted provides as follows:

NEW RULE I CLASS 8 DUAL CREDIT-ONLY POSTSECONDARY FACULTY LICENSE ENDORSEMENTS (1) Dual credit instructors must qualify for licensure and endorsement under one of the following categories:

(a) Class 1 professional or Class 2 standard license according to ARM 10.57.410, 10.57.411, and 10.57.412;

(b) Class 4 career and technical license according to ARM 10.57.420 and 10.57.421; or

(2) Areas approved for endorsement on Class 8 dual credit-only postsecondary faculty licenses include the following: agriculture, art K-12, biology, business education, chemistry, computer science K-12, drama, earth science, economics, English, family and consumer sciences, geography, health, history, history-political science, industrial arts, journalism, marketing, mathematics, music K-12, physical education K-12, science (broadfield), social studies (broadfield), sociology, speech-communication, speech-drama, technology education, trade and industry and world languages.

(3) Applicants for the Class 8 license with degrees in highly specialized academic areas and hired by the postsecondary institution under the policies set forth in ARM 10.57.102(10) to teach specific courses not covered by the K-12 endorsement areas in (2), may be eligible for a designation in their area of specialization as approved by the Superintendent of Public Instruction.

AUTH: 20-4-102, MCA

IMP: 20-4-106, 20-4-108, MCA

4. The board proposes to amend the following rules, new matter underlined, deleted matter interlined:

10.57.102 DEFINITIONS The following definitions apply to this chapter.

(1) through (10)(b)(iii) remain the same.

(c) In addition to any postsecondary teaching assignments, an individual licensed as a dual credit-only postsecondary faculty pursuant to ARM 10.57.437 and [New Rule I] is limited to teaching dual credit courses in their endorsed area to Montana high school students.

(11) through (22) remain the same.

AUTH: 20-4-102, MCA

IMP: 20-4-106, MCA

10.57.201 GENERAL PROVISIONS TO ISSUE LICENSES (1) Teacher, specialist, or administrator licenses ~~are~~ may be issued by the Superintendent of Public Instruction to applicants who submit acceptable evidence of successful completion of an accredited professional educator preparation program.

(2) through (4) remain the same.

(5) Applicants for an initial Class 6 ~~license~~ licensure who meet relevant sections of ARM 10.57.433, 10.57.434, and 10.57.435 may be licensed as appropriate. Those whose degree is more than five years old and who do not have current out-of-state licensure must have earned six graduate semester credits within the five-year period preceding the effective date of the license.

(6) Applicants for initial Class 4 licensure who have a current career and technical license from another state in an area that can be endorsed in Montana shall be licensed as Class 4A, 4B, or 4C depending on the level of education and extent of training as required under ARM 10.57.420 and 10.57.421.

(7) remains the same.

(8) Applicants for initial Class 7 Native American language and culture licensure who meet the requirements of ARM 10.57.436 may be licensed as appropriate.

~~(8)~~ (9) Applicants for initial Class 8 dual credit-only postsecondary faculty licensure shall meet requirements of ARM 10.57.437 and [New Rule I].

(9) remains the same but is renumbered (10).

AUTH: 20-4-102, MCA

IMP: 20-4-103, MCA

10.57.204 EXPERIENCE VERIFICATION (1) remains the same.

~~(2) When teaching experience is required for a new license or endorsement, the majority of the experience required must be obtained in a school organization consistent with Montana's K-12 pattern.~~

~~(3) When experience is required for a new license or endorsement, experience gained prior to basic eligibility for initial licensure is not considered.~~

AUTH: 20-4-102, MCA

IMP: 20-4-103, MCA

10.57.215 RENEWAL REQUIREMENTS (1) Requirements for renewal of Montana educator licenses are as follows:

(a) Class 1 ~~and 3~~ licenses require 60 renewal units;

(b) through (d) remain the same.

(e) Class 5 licenses cannot be renewed;

(e) through (g) remain the same but are renumbered (f) through (h).

(2) through (7) remain the same.

AUTH: 20-2-121, 20-4-102, MCA

IMP: 20-4-102, 20-4-108, MCA

10.57.301 ENDORSEMENT INFORMATION (1) remains the same.

(2) ~~Licenses are endorsed~~ Endorsements are granted by the Superintendent of Public Instruction for the appropriate level(s) and area(s) of preparation based on the college program completed.

(3) remains the same.

AUTH: 20-4-102, MCA

IMP: 20-4-103, 20-4-106, MCA

10.57.413 CLASS 3 ADMINISTRATIVE LICENSE (1) through (3) remain the same.

(4) A Class 3 administrative license shall be renewable pursuant to the requirements of ARM 10.57.215.

(4) remains the same but is renumbered (5).

AUTH: 20-4-102, MCA

IMP: 20-4-106, 20-4-108, MCA

10.57.420 CLASS 4 CAREER AND TECHNICAL EDUCATION LICENSE

(1) through (2)(c) remain the same.

(3) To obtain a Class 4 career and technical educator license an applicant must meet the requirements of (2)(a), (b), or (c) above and qualify for one or more endorsements as outlined in ARM 10.57.421.

(3) through (4)(a)(ii) remain the same but are renumbered (4) through (5)(a)(ii).

(b) for Class 4B and 4C licenses, the licensee must verify completion of four semester credits of coursework earned during the five-year period preceding the validation date of the new license in the following areas:

(i) through (viii) remain the same.

AUTH: 20-4-102, MCA

IMP: 20-4-106, 20-4-108, MCA

10.57.425 CLASS 5 ALTERNATIVE LICENSE – ELEMENTARY LEVEL

(1) remains the same.

(a) ~~meeting or exceeding the minimal educator licensure requirements set forth in ARM 10.57.102(15)~~ a bachelor's degree;

(b) through (d) remain the same.

AUTH: 20-4-102, MCA

IMP: 20-4-106, 20-4-108, MCA

10.57.426 CLASS 5 ALTERNATIVE LICENSE – SECONDARY LEVEL

(1) remains the same.

(a) ~~meeting or exceeding the minimal educator licensure requirements set forth in ARM 10.57.102(14)~~ a bachelor's degree;

(b) through (d) remain the same.

AUTH: 20-4-102, MCA

IMP: 20-4-106, 20-4-108, MCA

10.57.437 CLASS 8 DUAL CREDIT-ONLY POSTSECONDARY FACULTY LICENSE (1) through (3)(b) remain the same.

(i) Applicant has earned a major or minor or the equivalent in one of the endorsable teaching areas as set forth in ARM ~~10.57.301~~ [New Rule I]; and

(ii) through (6) remain the same.

AUTH: 20-4-102, MCA

IMP: 20-4-106, 20-4-108, MCA

5. REASON: During the Board of Public Education meeting on March 13, 2009, the board adopted changes to Title 10 chapter 57 of the Administrative Rules of Montana, as recommended by the Chapter 57 Review Team. The review team convenes every five years as required by ARM 10.57.101 to conduct a comprehensive review of the entire chapter. In implementing those recommended changes, the OPI Educator Licensure Division discovered omissions and clerical errors in administering the new rule. The adoption of New Rule I and the amendment of rules in chapter 57 is presented to correct those omissions and errors. No significant changes are requested to most of the chapter. However, with the implementation of the Class 8 Dual Credit-only Postsecondary Faculty License, two difficulties arose with regard to (1) endorsement of faculty who are highly specialized in their field of study, and (2) those faculty members teaching in career and technical fields, e.g. health occupations. Changes to the Class 8 language will allow licensing in these areas and create additional dual credit opportunities for Montana's students.

6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Steve Meloy, Board of Public Education, P.O. Box 200601, Helena, MT 59620-0601; telephone (406) 444-6576; fax (406) 444-0847; or e-mail [email protected], and must be received no later than 5:00 p.m., November 12, 2009.

7. Steve Meloy, Executive Secretary of the Board of Public Education has been designated to preside over and conduct this hearing.

8. The board 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 that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the board.

9. An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

/s/ Steve Meloy /s/ Patty Myers

Steve Meloy Patty Myers

Rule Reviewer Chairperson

Board of Public Education

Certified to the Secretary of State October 5, 2009.