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 New Rule II and the amendment of ARM 10.55.601 through 10.55.606, 10.55.701 through 10.55.711, 10.55.713 through 10.55.717, 10.55.801 through 10.55.805, 10.55.901 and 10.55.902, 10.55.904 through 10.55.910, 10.55.1001, and 10.55.1003 relating to accreditation standards

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NOTICE OF ADOPTION AND AMENDMENT

TO: All Concerned Persons

1. On July 26, 2012, the Board of Public Education published MAR Notice No. 10-55-262 pertaining to the public hearing on the proposed adoption and amendment of the above-stated rules at page 1401 of the 2012 Montana Administrative Register, Issue Number 14.

2. On August 9, 2012 the Board of Public Education published MAR Notice No. 10-55-262 amending the location for the public hearing at page 1553 of the 2012 Montana Administrative Register, Issue Number 15.

3. The Board of Public Education and the Superintendent of Public Instruction jointly brought together a 36 member task force and staff to review and recommend revisions to the superintendent on Administrative Rules of Montana, Title 10, Chapter 55 Standards of Accreditation as necessary to align standards with current innovative practice providing flexibility and ensuring quality education and accountability. The task force developed guiding principles for its work as follows:

"Chapter 55 Accreditation Standards provide a framework to ensure the constitutional right of every Montana student to a basic system of free quality public schools that develops the full educational potential of every student and that

1. recognizes the uniqueness and diversity of Montana students;

2. implements the elements of educational quality that best prepare students for their role as global citizens of the 21st Century;

3. acknowledges the role of cultural heritages in the community, state, nation, and world;

4. recognizes the importance of school, family and community engagement;

5. requires the appropriate use of a variety of assessments to guide curriculum development, to shape instruction, and to inform decision making;

6. guides the schools to be accountable to students, families, and the community;

7. encourages innovation in implementing Chapter 55 Accreditation Standards while maintaining the intent of those standards;

8. acknowledges the role of local control; and

9. balances the needs of present and future Montana students with the realities of limited resources."

The Superintendent of Public Instruction reviewed and amended the revisions suggested by the task force and submitted her recommendations to the Board of Public Education at the May 2012 BPE meeting. In July 2012 the board adopted the Superintendent's recommendations in a Notice of Public Hearing on Proposed Amendment. The public hearing was held August 20, 2012. The board received many written comments and 11 people testified at the public hearing. The board appreciates the comments and thanks everyone for their input into this rulemaking process. All comments have been thoughtfully considered. A summary of the comments received and the board's responses to specific issues are as follows:

ARM 10.55.602

COMMENT 1: A comment was received stating that a new district was not created by the formation of a joint board of trustees and therefore the definitions in ARM 10.55.602(7), (38) and (39) should be amended to delete the last sentence in (7), the third sentence in (38) and the last sentence in (39)(a). Also the term being defined in (7) and (39)(a) should be changed to "Combined elementary-high school districts" to clarify that there is not a new district created, but they are simply combined into a new system.

RESPONSE 1: The board agrees and amends the affected sections accordingly.

COMMENT 2: A commenter suggested that the definition of a K-12 district in ARM 10.55.602(21) should be amended to include a citation to statutory definition and to correct an erroneous citation as follows: "K-12 district" as defined in 20-6-701, MCA means ... pursuant to 20-6-101, MCA.

RESPONSE 2: The board agrees and amends the affected section accordingly.

COMMENT 3: A commenter requested that ARM 10.55.602(20) be clarified for accuracy and with citation to the applicable corresponding licensing rules and read: "Internship" as provided for in ARM 10.55.607 means an agreement between a fully licensed Class 1, 2, or 3 educator, the school district, and a Montana accredited educator preparation program. Internships are permitted in endorsement areas approved by the Board of Public Education in ARM 10.57.412 and 10.57.413.

RESPONSE 3: The board agrees and amends the affected section accordingly.

ARM 10.55.603

COMMENT 4: A commenter stated that ARM 10.55.603(5)(d) should be amended to correct an erroneous citation, i.e. (3)(c) should be (5)(c).

RESPONSE 4: The board agrees and amends the affected section accordingly.

ARM 10.55.604

COMMENT 5: Many comments were received in support of the proposed amendments submitted by Montana School Boards Association, Montana Rural Education Association, School Administrators of Montana and MEA-MFT (the "associations") for reconsideration of the language of ARM 10.55.604. The education associations stressed inclusion of procedures to create a board to review applications for variance to standards including: the makeup, appointment, and terms of the review board; the ways in which the review board will conduct their reviews, receive technical assistance, and make recommendations; and naming specific education organizations as the exclusive entities submitting review board members to the superintendent. The reasons given for the suggested amendments to the board's proposed language in this rule are: although suggested by the task force, the superintendent did not include all of the procedural language in her recommendations to the board; the suggested language is "an integral part of the delicate compromise that has been reached between our respective groups"; to "ensure balance of perspectives as well as greater cooperation and collaboration in the process of reviewing proposed variances to standards in the future"; and "to ensure that the K-12 community can work collaboratively and effectively in integrating these substantial changes into Montana's public schools."

Several commenters supported the superintendent's recommendations stating that they were more efficient and that it is under the superintendent's prerogative to set up the procedures to implement standards.

One commenter stated that regulation should highlight the intent of the board's goals but never spell out how to reach the goals.

RESPONSE 5: Constitutional and statutory authority and responsibility for the accreditation of K-12 public schools lie with the Board of Public Education and the Superintendent of Public Instruction.

"Standards of accreditation for all schools must be adopted by the board of public education upon the recommendations of the superintendent of public instruction." 20-7-101, MCA. "The conditions under which each school … operates must be reviewed by the superintendent of public instruction to determine compliance with the standards of accreditation. The accreditation status of each school must then be established by the board of public education upon the recommendation of the superintendent of public instruction. . . ." 20-7-102, MCA.

The board does wish to incorporate the essence of the comments made and the work of the task force related to the process for utilizing a review board for applications for variances to standards -- while addressing the concerns raised above.

ARM 10.55.604 is approved as amended by the board with the language suggested by the associations with the following addition to (1)(f): "within 60 calendar days of the review board being referred an application."

ARM 10.55.605

COMMENT 6: A commenter recommended that ARM 10.55.605(1) be amended as follows: "Regular accreditation means the school has met the assurance standards and student performance standards as defined in ARM 10.55.606 and the Licensing Endorsement Requirements Related to Teaching Assignments, ~~adopted by the Board of Public Education July 2012,~~ a copy of which may be found at : http://www.opi.mt.gov/pdf/Accred/Ch55/Appendices.pdf ~~(Appendix A)~~." The reason for this proposed amendment is that the endorsements for Class 4 and Class 8 are not static, and Appendix A cannot list all possible endorsements for these classes of licensure as provided for in ARM Title 10, Chapter 57 Licensure.

ARM 10.55.605(2) should be similarly amended and the document "Accreditation and Procedures and Status Criteria" should be amended wherever referenced in the proposed rules to reflect that it is called "Accreditation Status Criteria Reference Guide."

RESPONSE 6: The board agrees and amends the affected sections accordingly.

ARM 10.55.606

COMMENT 7: One commenter raised various questions about how performance standards in ARM 10.55.606 would be defined and applied, including concerns about what an improvement plan entails, and questioned the difference between the intensive assistance process and the continuous school improvement plan required in ARM 10.55.601.

RESPONSE 7: In addition to the description of student performance levels in ARM 10.55.606, ARM 10.55.605 incorporates the Accreditation Procedures and Status Criteria Reference Guide which clarifies how both the assurance standards and performance standards will be applied, and includes a detailed step-by-step process of intensive assistance. Continuous school improvement plans (the CSIP) are required of all schools and districts. The Intensive Assistance Process is specifically applied when schools have serious and continuing deviations.

COMMENT 8: A comment was submitted in support of ARM 10.55.606 which provides for a "blended model" balancing inputs (assurance standards) with outputs (student performance). The commenter stated it was "affordable middle ground in accreditation" and makes communicating with the public about the status of the school much easier.

RESPONSE 8: The board thanks the commenter and appreciates the support of the amendments to this rule.

COMMENT 9: One commenter requested that a different model of accountability based on improvement data be adopted.

RESPONSE 9: Although student progress is important, there are no adequate data or research-based measurement tools to implement a growth-based model.

COMMENT 10: One commenter stated that the accreditation standards should be focused on accountability, sharing information, and flexibility between assurance standards and performance standards.

RESPONSE 10: The board thanks the commenter and appreciates the support of the proposed rules.

COMMENT 11: One commenter asked what would happen if the MontCAS is no longer used to evaluate student performance and the scaled scores change.

RESPONSE 11: The board is aware that rule amendments may become necessary if other significant influencing factors change.

COMMENT 12: One commenter requested that the poverty index be created/applied with respect to student performance standards to ensure equitable and fair funding.

RESPONSE 12: Although relevant to teaching standards and administering schools, there are no adequate data or research-based measurement tools to implement a poverty index for measuring student performance.

COMMENT 13: One commenter suggested that 10.55.606(4) be amended for clarification to read: "For schools with any combination of only grades K-2, only the assurance standards will be used to determine accreditation status."

RESPONSE 13: The board agrees and amends the affected section accordingly.

ARM 10.55.701

COMMENT 14: Many comments were received in support of amendments submitted by the associations for reconsideration of the proposed language in ARM 10.55.701(4) related to evaluation systems for teachers and administrators. The amendments suggest replacing task force language derived from national organizations and replacing the educator evaluation system components with more general alternative language, specifically:

"10.55.701(4)(a) The evaluation system used by a school district for licensed staff shall, at a minimum:

Be conducted on at least an annual basis with regard to nontenure staff and according to a regular schedule adopted by the district for all tenure staff;
Be aligned with applicable district goals, standards of the board of public education and the district's mentorship and induction program required under 10.55.701(8)(c);
Identify what perceptions and skill sets are to be evaluated;
Include both formative and summative elements;
Include an assessment of the educator's effectiveness in supporting every student in meeting rigorous learning goals through the performance of the educator's duties.

(b) The Superintendent of Public Instruction shall develop and publish as an appendix to the Chapter 55 rules model evaluation instruments that comply with this rule in collaboration with the MEA-MFT, Montana Rural Schools Association, Montana School Boards Association, School Administrators of Montana, and Montana Small Schools Alliance. A school district adoption and using one of the model instruments shall be construed to have complied with this rule, though use of one of the models shall not be required provided that the district's evaluation instrument and process substantially conforms to the requirements set forth in this section."

One commenter said that the language proposed by the Board of Public Education "reflect the advances in evaluation that reflect researched best practice," however, the language is too prescriptive, infringes on local control, and may impact collective bargaining.

Other commenters fully supported the proposed evaluation system in ARM 10.55.701(4) stating that the proposed rules: provide clear target goals; are based in research; are part of professional training in teacher prep programs; are essential to good educational leadership; focus on the qualities that make good teachers better; allow negotiations with teacher unions to develop detail of performance and specific criteria on which districts will base evaluation; provide more accountability; give the education profession more credibility; and because the rules are based on national standards, many model instruments will be available to districts.

One commenter noted that not all task force members were consulted and not all support the amendments proposed by the education organizations noted above.

RESPONSE 14: ARM 10.55.701 is approved as amended by the Board of Public Education with the language suggested by the associations with the following amendments:

(4)(a)(iii) strike the phrase "perceptions and"

(4)(b) reword to read: "The Superintendent of Public Instruction shall develop and publish model evaluation instruments..." and strike "as an appendix to Chapter 55 rules."

COMMENT 15: Several comments indicated the Superintendent's recommendations to the board were made "unilateral[ly]" or "last minute."

RESPONSE 15: The task force was brought together by the Board of Public Education and Superintendent of Public Instruction in early 2010 to assist in the work of reviewing and revising the Chapter 55 accreditation rules. Over their two years of work, the task force understood that their draft recommendations would be reviewed and revised by the superintendent, who has the statutory authority and obligation to make formal recommendations to the board. The superintendent recommended many changes to the task force draft, many of which were technical, grammatical, and for clarification. Other changes were more substantive. The superintendent's recommendations to the board were posted and available to the public prior to the boards' May, 2012 regularly scheduled meeting. The public was given the opportunity to comment on the superintendent's recommendations at that meeting and also at the board's regularly scheduled July, 2012 meeting. The board had lengthy public discussions about the similarities and differences between the task force's proposed rule amendments and the superintendent's recommendations and carefully considered the comments and rationales. This process was lengthy and transparent, with ample opportunity for public input.

COMMENT 16: Several comments were made in general support of requiring districts to establish mentoring and induction programs to assist licensed staff in meeting teaching standards as required in ARM 10.55.701(5), but many raised concerns that such programs will be time consuming, costly, and possibly an unfunded mandate.

Other commenters supported the requirement for a mentorship and induction program as being very valuable to get new teachers on the same page, up to speed and ready to provide high quality instruction from day one, with recognition that such programs come with a cost.

RESPONSE 16: The rules attempt to balance the investment of resources with the benefits of mentoring and induction programs for Montana educators and students. The details of implementation are left to the discretion of the local board of trustees as district resources allow.

COMMENT 17: The accreditation standards perpetuate an evaluation system comparable to NCLB.

RESPONSE 17: The evaluation process is not based on NCLB and AYP.

COMMENT 18: Several comments were received about "so many rumors [I] don't know what to believe." "Rumors" include: teacher evaluations will be made public; evaluations will be based on student test results; there will be little local district discretion in developing an evaluation tool; the evaluation process will lose the creativity of the teachers; there will be an impact on labor negotiations; and concerns over who will do the evaluations, especially if there is no administrator/ principal.

RESPONSE 18: A careful reading of the proposed rules regarding teacher and administrator evaluations does not give rise to any of the "rumors" circulating: Public disclosure of personnel evaluations is not contemplated or authorized by the amendments to these rules; evaluations are not tied to student test scores; districts have total discretion to develop evaluation instruments within the broad parameters of the rule; teacher creativity is encouraged; negotiations will have more structure with statewide, consistent parameters; and evaluations will be done by the same people who currently conduct them.

ARM 10.55.704 and 10.55.705

COMMENT 19: Several comments were received expressing concerns about staffing for administrators and principals in ARM 10.55.704 and 10.55.705.

RESPONSE 19: Different administrative staffing levels were considered. The proposed requirements for administrator and principal staffing for school systems with few licensed FTE reflect what the task force, superintendent and board believe are the best options available to the state's rural and small schools. The standards are minimum requirements and the local board of trustees may decide to provide administrators and principals beyond the minimum ratios required. Each local board of trustees has the discretion to exceed the minimum standards.

ARM 10.55.709 and 10.55.710

COMMENT 20: Commenters pointed out that the terms "district" and "school" were both used in ARM 10.55.709 and 10.55.710 and asked whether changes are necessary for consistency.

RESPONSE 20: The proposed language is as intended.

COMMENT 21: A commenter stated that ARM 10.55.709(2) should be amended to include schools with exactly 125 students, i.e. "fewer than 126 students" and the last sentence be moved to a separate new subsection (3) for clarification.

RESPONSE 21: The board agrees and amends the affected sections accordingly.

ARM 10.55.802

COMMENT 22: A commenter asked the board to include the terms "sexual orientation, gender identity and expression" to ARM 10.55.802.

RESPONSE 22: The board shares the concern over potential mistreatment, bullying, or harassment of any student and appreciates the interest in specifically identifying potentially targeted students as targets of abuse. ARM 10.55.802 is the purpose statement related to the accreditation standards generally. This rule references the Montana Constitution, Article II, section 4, including language related respecting human dignity of every person "with prejudice toward none." ARM 10.55.701 requires districts to adopt policies addressing bullying, intimidation, hazing, and harassment of students. ARM 10.55.719 requires districts to have comprehensive policies detailing student protection policies. Other state and federal laws require schools to protect students from discrimination which, in many instances, overlaps with bullying, intimidation, harassment, or hazing and provides for sanctions against schools who do not adequately address such incidents. While sexual orientation is not specifically identified in these rules, it is the intent of the board that sexual orientation, gender identity, and expression are covered by these rules and every student must be protected from bullying, harassment, intimidation, hazing, or discrimination.

GENERAL COMMENTS

COMMENT 23: Many commenters expressed general opposition to increased demands on district resources and funds, and raised concerns over local flexibility and local control.

RESPONSE 23: The guiding principles of the task force included "balancing the needs of present and future Montana students with the realities of limited resources" and acknowledged "the role of local control." The accreditation standards are minimum requirements. Every local board of trustees has the discretion to exceed the standards.

Prior to adoption of the accreditation standards, the education and local government interim committee of the Legislature must review the fiscal impact of the proposed rules. These rules will not be implemented until July 1, 2013, after the Legislature has met and had an opportunity to fund any projected substantial fiscal impact "that cannot be readily absorbed in the budget of an existing school district program" pursuant to 20-7-101, MCA.

COMMENT 24: One commenter opposed any increase in collection of data.

RESPONSE 24: The proposed rules do not require any additional data collection or reporting and instead rely upon existing data collection/reports to accomplish the requirements in the rules.

4. The board has adopted the following rules as proposed:

NEW RULE I ARM 10.55.607

NEW RULE II ARM 10.55.719

5. The board has amended ARM 10.55.601, 10.55.702 through 10.55.708, 10.55.711, 10.55.713 through 10.55.717, 10.55.801 through 10.55.805, 10.55.901, 10.55.902, 10.55.904 through 10.55.910, 10.55.1001, and 10.55.1003 as proposed.

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

10.55.602 DEFINITIONS For the purposes of this chapter, the following terms apply:

(1) through (6) remain as proposed.

(7) "Combined elementary-high school district" means an elementary district and a high school district, which are combined into a single school system for district administration purposes. ~~This may include school systems formed under governing joint boards of trustees depending on the programs and services agreed to by the participating local boards of trustees.~~

(8) through (19) remain as proposed.

(20) "Internship" as provided for in ARM 10.55.607 means an agreement ~~among~~ between a fully licensed Class 1, 2, or 3 educator, the school district, and a Montana accredited educator preparation program ~~as provided in ARM 10.55.607~~. Internships are permitted in endorsement areas approved by the Board of Public Education in ARM 10.57.412 and 10.57.413.

(21) "K-12 district" as defined in 20-6-701, MCA means an elementary district, with the same district boundaries as a high school district, which has been attached to that high school district. The high school district remains an organized district and the elementary district is an inactive district pursuant to 20-6-~~701(1) and (2)~~ 101, MCA.

(22) through (37) remain as proposed.

(38) "School district" means the territory, regardless of county boundaries, organized under the provisions of Title 20, MCA to provide public educational services under the jurisdiction of the local board of trustees. A high school district may encompass all or parts of the territory of one or more elementary districts. ~~A school district may also exist as the result of the formation of a joint board of trustees as provided by 20-3-361, MCA.~~ "School district" shall refer to all state-funded special purpose schools that are accredited under this chapter.

(39) remains as proposed.

(a) "combined elementary-high school district" means an elementary district and a high school district which are combined into a single school system for district administration purposes. ~~This may include school systems formed under the statute governing joint boards of trustees depending on the programs and services agreed to by the participating local boards of trustees.~~

(b) through (46) remain as proposed.

10.55.603 CURRICULUM AND ASSESSMENT (1) through (5)(c) remain as proposed.

(d) The Superintendent of Public Instruction shall provide technical assistance to districts to meet the criteria and procedures in ~~(3)~~ (5)(c).

10.55.604 VARIANCES TO STANDARDS (1) remains as proposed.

(a) In its application, the local board of trustees shall ~~describe~~ outline how and why its proposed variance would be workable, educationally sound, and designed to meet or exceed results under established standards and, where applicable, aligned with program standards under ARM 10.55.1101 through 10.55.1901.

(b) In its application, the school district shall provide evidence through official minutes of the board of trustees that local school community stakeholders were involved in the consideration and development of the proposed variance to standards. Stakeholder groups include trustees, administrators, teachers, classified school staff, parents, community members, and students as applicable. A district shall provide evidence it adopted its application for variance at an official, properly noticed meeting of its board of trustees.

~~(b)~~ (c) An application for variance to standards to take effect at the beginning of the academic year is due in writing to the Superintendent of Public Instruction no later than the first Monday in March. An application for variance to standards to take effect the second semester of the academic year is due in writing to the Superintendent of Public Instruction no later than the first Monday in July.

~~(c)~~ (d) ~~The~~ Upon receipt, the Superintendent of Public Instruction shall refer applications for variance to standards to a pre-appointed review board ~~appointed and facilitated by the Superintendent of Public Instruction. The review board shall provide its recommendations to the Superintendent of Public Instruction~~. The Superintendent of Public Instruction shall facilitate and provide organizational support for the meetings of the review board.

(i) The review board shall consist of the following, appointed by the Superintendent of Public Instruction from a list of qualifying individuals jointly endorsed by MEA-MFT, Montana Rural Education Association (MREA), Montana Small Schools Alliance (MSSA), School Administrators of Montana (SAM), and Montana School Boards Association (MTSBA): one trustee, one district superintendent, one high school principal, one elementary principal, two high school teachers, and two elementary school teachers.

(ii) As needed, the review board shall seek advice from experts.

(A) The Superintendent of Public Instruction shall solicit a pool of experts from curriculum groups and educational associations to serve "on call" in an advisory capacity.

(B) The Superintendent of Public Instruction shall notify the review board of the pool participants with rationale and present them for review board approval.

(D) The Superintendent of Public Instruction shall notify the appropriate pool of experts of this needed input and arrange for the pool member(s) to advise the committee.

(iii) The review board members shall serve five year terms with no limit to the number of terms any one person may serve. Terms shall be staggered where half of all positions shall be filled every three years prior to the first meeting of the review board in the third year.

(e) The review board shall review all applications and use a uniform rubric, made available to districts in advance of applying to implement a variance to a standard or section of standards. The uniform rubric will ensure consistent and high quality applications from school districts across Montana.

(f) The review board shall provide its recommendations to the Superintendent of Public Instruction with a recommendation for approval, modification, or rejection of the review board's recommendation within 60 calendar days of the review board being referred an application.

~~(d)~~ (g) The Superintendent of Public Instruction shall provide the Board of Public Education with a recommendation for approval, modification, or rejection of the review board's recommendation.

(h) If the Superintendent of Public Instruction or review board finds an application to be preliminarily deficient, the superintendent shall advise the applicant school district why that application is not ready for consideration. The applicant district shall have the opportunity to change its application as suggested or submit it as originally proposed.

(2) The Board of Public Education shall approve or deny proposed variances to standards. If the board denies a proposed variance to standards, it shall remit in writing to the applicant school district why it has done so.

(3) through (6) remain as proposed.

(7) The Board of Public Education may subsequently renew the variance ~~for up to three-year intervals~~ provided the district continues to show how the variance meets or exceeds established standards.

(8) If the Superintendent of Public Instruction finds the ~~alternative~~ variance to standards is not working as intended or does not meet or exceed results that could be achieved under established standards, the superintendent shall recommend to the Board of Public Education that the variance be revoked.

(9) through (11)(e) remain as proposed.

10.55.605 CATEGORIES OF ACCREDITATION (1) Regular accreditation means the school has met the assurance standards and student performance standards as defined in ARM 10.55.606 and the Licensure Endorsement Requirements Related to Teaching Assignments, ~~adopted by the Board of Public Education July 2012,~~ a copy of which may be found at: http://www.opi.mt.gov/pdf/ Accred/Ch55/Appendices.pdf ~~(Appendix A)~~.

(2) Regular accreditation with minor deviations means the school does not meet all the requirements and standards required in (1) and delineated in the ~~Accreditation Procedures and Status Criteria, adopted by the Board of Public Education July 2012,~~ Accreditation Status Criteria Reference Guide, a copy of which may be found at: http://www.opi.mt.gov/pdf/Accred/Ch55/Appendices.pdf ~~(Appendix B)~~.

(3) through (7) remain as proposed.

(8) A school with deficiency status failing to comply with the required corrective plan shall be placed into the intensive assistance process as defined in the ~~Accreditation Procedures and Status Criteria, adopted by the Board of Public Education July 2012,~~ Accreditation Status Criteria Reference Guide, a copy of which may be found at: http://www.opi.mt.gov/pdf/Accred/Ch55/Appendices.pdf ~~(Appendix B)~~.

(9) and (10) remain as proposed.

10.55.606 ACCREDITATION PROCESS (1) through (3) remain as proposed

(4) For schools with any combination of grades only K-2, only the assurance standards will be used to determine accreditation status.

(5) There shall be four levels for assurance standards and student performance standards used to determine accreditation status, as described in the ~~Accreditation Procedures and Status Criteria, adopted by the Board of Public Education July 2012,~~ Accreditation Status Criteria Reference Guide, a copy of which may be found at: http://www.opi.mt.gov/pdf/Accred/Ch55/Appendices.pdf (~~Appendix B)~~. The highest level is 1 and the lowest level is 4.

(6) through (9) remain as proposed.

10.55.701 BOARD OF TRUSTEES (1) through (3) remain as proposed.

(4) The local board of trustees shall have written policies and procedures for regular and periodic evaluation of all regularly employed personnel. The individual evaluated shall have access to a copy of the evaluation instrument, the opportunity to respond in writing to the completed evaluation, and access to his or her files. Personnel files shall be confidential.

~~(a) The evaluation system for licensed teachers used by a school district shall include an assessment of the extent to which the teacher:~~

(i) understands how learners grow and develop, recognizing that patterns of learning and development vary individually within and across cognitive, linguistic, social, emotional, and physical areas, and designs and implements developmentally appropriate and challenging learning experiences;

(ii) uses understanding of individual differences and diverse cultures and communities, including American Indians and tribes in Montana, to ensure inclusive environments that enable each learner to meet high standards;

~~(iii) works with others to create environments that support individual and collaborative learning and that encourage positive social interaction, active engagement in learning, and self-motivation;~~

(iv) understands the central concepts, tools of inquiry, and structures of the discipline(s) he or she teaches and creates learning experiences that make the discipline accessible and meaningful for learners to assure mastery of the content;

(v) understands how to connect concepts and use differing perspectives to engage learners in critical thinking, creativity, and collaborative problem solving related to authentic local and global issues;

~~(vi) understands and uses multiple methods of assessment to engage learners in their own growth, to monitor learner progress, and to guide the teacher's and learner's decision-making;~~

(vii) plans instruction that supports every student in meeting rigorous learning goals by drawing upon knowledge of content areas, curriculum, cross-disciplinary skills, and pedagogy, as well as knowledge of learners and the community context;

(viii) understands and uses a variety of instructional strategies to encourage learners to develop deep understanding of content areas and their connections, and to build skills to apply knowledge in meaningful ways;

(ix) engages in ongoing professional learning and uses evidence to continually evaluate his or her practice, particularly in the effects of his or her choices and actions on others (learners, families, other professionals, and the community), and adapts practice to meet the needs of each learner;

(x) seeks appropriate leadership roles and opportunities to take responsibility for student learning, to collaborate with learners, families, colleagues, other school professionals, and community members to ensure learner growth, and to advance the profession; and

~~(xi) demonstrates understanding of and ability to integrate history, cultural heritage, and contemporary status of American Indians and tribes in Montana.~~

~~(b) The evaluation system for licensed administrators used by a school district shall include an assessment of the extent to which the administrator:~~

(i) facilitates the development, articulation, implementation, and stewardship of a school or district vision of teaching and learning supported by the school community in order to promote the success of all students;

(ii) promotes a positive school culture, provides an effective instructional program, applies best practice to student learning, and designs comprehensive professional growth plans for staff in order to promote the success of all students;

~~(iii) manages the organization, operations, and resources in a way that promotes a safe, efficient, and effective learning environment in order to promote the success of all students;~~

(iv) collaborates with faculty, families, and other community members, responds to diverse community interests and needs, including American Indian communities in Montana, and mobilizes community resources in order to promote the success of all students;

~~(v) acts with integrity, fairness, and in an ethical manner in order to promote the success of all students; and~~

~~(vi) understands, responds to, and ethically influences the larger political, social, economic, legal, and cultural context in order to promote the success of all students.~~

(a) The evaluation system used by a school district for licensed staff shall, at a minimum:

(i) be conducted on at least an annual basis with regard to nontenure staff and according to a regular schedule adopted by the district for all tenure staff;

(ii) be aligned with applicable district goals, standards of the Board of Public Education, and the district's mentorship and induction program required under ARM 10.55.701(8)(c);

(iii) identify what skill sets are to be evaluated;

(iv) include both formative and summative elements; and

(v) include an assessment of the educator's effectiveness in supporting every student in meeting rigorous learning goals through the performance of the educator's duties.

(b) The Superintendent of Public Instruction shall develop and publish model evaluation instruments that comply with this rule in collaboration with the MEA-MFT, Montana Rural Education Association, Montana School Boards Association, School Administrators of Montana, and Montana Small School Alliance. A school district adopting and using one of the model instruments shall be construed to have complied with this rule, though use of one of the models shall not be required provided that the district's evaluation instrument and process substantially conforms to the requirements set forth in this section.

(5) remains as proposed.

10.55.709 LIBRARY MEDIA SERVICES, K-12 (1) remains as proposed.

(2) Schools of fewer than ~~125~~ 126 students shall employ or contract with a licensed and endorsed school library media specialist.

(3) If a district has fewer than ~~125~~ 126 students, the district may utilize a consortium, multidistrict agreement, or interlocal cooperative to secure these services.

10.55.710 ASSIGNMENT OF SCHOOL COUNSELING STAFF (1) and (2) remain as proposed.

(3) Districts with fewer than ~~125~~ 126 students may employ or contract with a licensed, endorsed school counselor or Class 6 specialist or utilize a consortium, multidistrict agreement, or interlocal cooperative to secure these services.

/s/ Peter Donovan /s/ Patty Myers

Peter Donovan Patty Myers, Chair

Rule Reviewer Board of Public Education

Certified to the Secretary of State October 1, 2012.