BEFORE THE BOARD OF PUBLIC EDUCATION

OF THE STATE OF MONTANA

 

In the matter of the amendment and repeal of rules in ARM Title 10, chapter 57 pertaining to K-12 educator/specialist licensing

) ) ) )

NOTICE OF AMENDMENT AND REPEAL

TO: All Concerned Persons

 

1. On October 9, 2014, the Board of Public Education published MAR Notice No. 10-57-267 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 2211 of the 2014 Montana Administrative Register, Issue Number 19.

 

2. The board has amended the following rules as proposed:

 

ARM   10.57.101      REVIEW OF POLICY

            10.57.107      EMERGENCY AUTHORIZATION OF EMPLOYMENT

            10.57.109      UNUSUAL CASES

            10.57.112      LICENSE OF EXCHANGE TEACHERS

            10.57.201      GENERAL PROVISIONS TO ISSUE LICENSES

            10.57.201A    CRIMINAL HISTORY BACKGROUND CHECK

            10.57.209      EXTENSION OF LICENSES FOR MILITARY SERVICE

            10.57.215      RENEWAL REQUIREMENTS

            10.57.216      APPROVED RENEWAL ACTIVITY

            10.57.217      APPEAL PROCESS FOR RENEWAL ACTIVITY

            10.57.218      RENEWAL UNIT VERIFICATION

            10.57.301      ENDORSEMENT INFORMATION

            10.57.410      CLASS 2 STANDARD TEACHERꞌS LICENSE

            10.57.411      CLASS 1 PROFESSIONAL TEACHERꞌS LICENSE

            10.57.413      CLASS 3 ADMINISTRATIVE LICENSE

            10.57.414      CLASS 3 ADMINISTRATIVE LICENSE –

                                    SUPERINTENDENT ENDORSEMENT

            10.57.415      CLASS 3 ADMINISTRATIVE LICENSE –

                                    ELEMENTARY PRINCIPAL ENDORSEMENT

            10.57.416      CLASS 3 ADMINISTRATIVE LICENSE – SECONDARY

                                    PRINCIPAL ENDORSEMENT

            10.57.417      CLASS 3 ADMINISTRATIVE LICENSE – K-12

                                    PRINCIPAL ENDORSEMENT

            10.57.418      CLASS 3 ADMINISTRATIVE LICENSE – SUPERVISOR

                                    ENDORSEMENT

            10.57.419      CLASS 3 ADMINISTRATIVE LICENSE – SPECIAL

                                    EDUCATION SUPERVISOR ENDORSEMENT

            10.57.424      CLASS 5 PROVISIONAL LICENSE

            10.57.425      CLASS 5 PROVISIONAL LICENSE – ELEMENTARY

                                    LEVEL

            10.57.426      CLASS 5 PROVISIONAL LICENSE – SECONDARY,

                                    K-12, AND P-12 SPECIAL EDUCATION LEVELS

            10.57.427      CLASS 5 PROVISIONAL LICENSE –

                                    SUPERINTENDENT ENDORSEMENT

            10.57.428      CLASS 5 PROVISIONAL LICENSE - ELEMENTARY

                                    PRINCIPAL ENDORSEMENT

            10.57.430      CLASS 5 PROVISIONAL LICENSE – K-12

                                    PRINCIPAL ENDORSEMENT

            10.57.431      CLASS 5 PROVISIONAL LICENSE – SUPERVISOR

                                    ENDORSEMENT

            10.57.432      CLASS 5 PROVISIONAL LICENSE - SPECIALIST

                                    ENDORSEMENT

            10.57.433      CLASS 6 SPECIALIST LICENSE

            10.57.434      CLASS 6 SPECIALIST LICENSE – SCHOOL

                                    PSYCHOLOGIST

            10.57.435      CLASS 6 SPECIALIST LICENSE – SCHOOL

            COUNSELOR

                        10.57.436      CLASS 7 AMERICAN INDIAN LANGUAGE AND

                                                CULTURE SPECIALIST

                        10.57.437      CLASS 8 DUAL CREDIT POSTSECONDARY FACULTY

                                                LICENSE

                        10.57.438      CLASS 8 DUAL CREDIT POSTSECONDARY FACULTY

                                                LICENSE ENDORSEMENTS

                        10.57.501      SOCIAL WORKERS, NURSES, AND SPEECH AND

                                                HEARING THERAPISTS

                        10.57.601      REQUEST FOR DISCIPLINE AGAINST THE LICENSE

                                                OF AN EDUCATOR/SPECIALIST: PRELIMINARY

                                                ACTION

                        10.57.601A    DEFINITION OF "IMMORAL CONDUCT"

                        10.57.601B    REVIEW

                        10.57.602      NOTICE OF HEARING

                        10.57.603      HEARING IN CONTESTED CASES

                        10.57.604      POST HEARING PROCEDURE

                        10.57.605      SURRENDER OF AN EDUCATOR/SPECIALIST

                                                LICENSE

                        10.57.606      REPORTING OF THE SURRENDER, DENIAL,

                                                REVOCATION, OR SUSPENSION OF A LICENSE

                        10.57.607      APPEAL FROM DENIAL OF AN EDUCATOR/

                                                SPECIALIST LICENSE

                        10.57.608      CONSIDERATIONS GOVERNING ACCEPTANCE OF

                                                APPEAL IN CASES ARISING UNDER 20-4-104, MCA

                        10.57.611      SUBSTANTIAL AND MATERIAL NONPERFORMANCE

           

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

 

10.57.102 DEFINITIONS The following definitions apply to this chapter.

(1) through (12) remain as proposed.

(13)  "Year of administrative experience" means employment at any level within a state accredited K-12 school system, or in an educational institution specified in 20-9-707, MCA, as a licensed administrator of at least .5 full-time employee (FTE) for at least 1080 hours or 180 school days or a 1.0 FTE for at least 540 hours or 90 school days.  Experience gained prior to eligibility for initial licensure is not considered. Experience as a County Superintendent may be considered as "administrative" experience with evidence of the following:

            (a) and (b) remain as proposed

            (14) "Year of teaching experience" means employment at any level within a state accredited K-12 school system, or in an educational institution specified in 20-9-707, MCA, as licensed instructional staff of at least .5 FTE during a school fiscal year for at least 1080 hours or 180 school days or a 1.0 FTE for at least 540 hours or 90 school days. Experience gained prior to eligibility for initial licensure is not considered.

 

10.57.412 CLASS 1 AND 2 ENDORSEMENTS (1) through (5) remain as proposed.

            (a) completion of an NCATE or CAEP accredited professional educator preparation program at the grade level(s) identified by the program, including supervised teaching experience; and

            (b) for those applicants completing programs which are not an accredited professional educator preparation program an educator preparation program at a regionally accredited college or university approved or accredited by a state board of education or a state agency:

            (i) through (9) remain as proposed.

 

            10.57.420 CLASS 4 CAREER AND TECHNICAL EDUCATION LICENSE 

            (1) through (4) remain as proposed.

            (a) Class 4A licenses shall be renewable by earning 60 renewal units. Endorsement related to technical studies may be accepted. The first renewal must show evidence of renewal units earned in the following content areas:

            (i) principles and/or philosophy of curriculum and instruction in career and technical education; or and

            (ii) remains as proposed.

            (b) Class 4B or 4C licenses shall be renewable by earning 60 renewal units.  

The first renewal must show evidence of renewal units earned in the following content areas:

            (i) curriculum and instruction in career and technical education; and

            (ii) safety and teacher liability.

            (c) Other pProfessional development appropriate to renew a Class 4B or 4C license includes the following:

            (i) through (viii) remain as proposed.

            (5) A lapsed Class 4 license may be reinstated by showing verification of:

            (a) for Class 4A licenses, 60 renewal units earned during the five-year period preceding the validation date of the new license;,

            (b) for Class 4B and 4C licenses, 60 renewal units earned during the five-year period preceding the validation date of the new license in the following areas including renewal units in:

            (i) principles and/or philosophy of career and technical education;

            (ii) (a)  curriculum and instruction in career and technical education;

            (iii) learning styles/teaching styles; including serving students with special needs;

            (iv) (b)  safety and teacher liability; and

            (v) classroom management;

            (vi) teaching methods;

            (vii) career guidance in career and technical education; or

            (viii) (c)  endorsement related technical studies or industry validated training, with prior approval. 

 

10.57.421 CLASS 4 ENDORSEMENTS (1) and (2) remain as proposed.

(3)  To obtain an endorsement on a Class 4 license, an applicant must provide verification of a minimum of 10,000 hours of documented, relevant work experience which may include apprenticeship training, documenting the knowledge and skills required in the specific trade in which they are to teach. Acceptable documentation of relevant work experience is determined by the Superintendent of Public Instruction and may include, but is not limited to:

(a) through (5) remain as proposed.

 

            10.57.429 CLASS 5 PROVISIONAL LICENSE - SECONDARY PRINCIPAL ENDORSEMENT (1) remains as proposed.

            (a) a master's degree from an accredited professional educator preparation program and nine graduate semester credits in school administration;

(b) through (2) remain as proposed.

 

4. The board has repealed ARM 10.57.609, Hearing on Appeal as proposed.

 

5. The following comments were received.

 

COMMENT 1: The School Administrators of Montana, Montana Quality Education Coalition, MEA-MFT, Certification Standards and Practices Advisory Council (CSPAC), Great Falls Public Schools and four other commenters submitted oral and written comments in support of the proposed changes to the rule.

 

RESPONSE: The Board of Public Education thanks each of the commenters for their comments and appreciates their support of these rules.

 

COMMENT 2: Ann Gilkey, Chief Legal Counsel from the Office of Public Instruction, submitted a comment stating there were errors in the draft changes submitted to the board and requested changes as follows:

 

1. In 10.57.412(5)(a) after "completion of an" insert "NCATE or CAEP."

2. In 10.57.412(5)(b) after "completing" add "an educator preparation program at a regionally accredited college or university approved or accredited by a state board of education or a state agency" and striking the proposed language "programs which are not an accredited professional educator preparation program. "

 

The intent was to require verification of content coursework for applicants who have completed programs not accredited by NCATE or CAEP, but are accredited by another state board or state agency. The current proposed language does not make that distinction clear and could open a much wider path to endorsement from non-accredited programs than originally intended.

 

3. In 10.57.429(1)(a) strike "and nine graduate semester credits in school administration."

 

The intent is for any Class 5 applicant to have a plan of study with a university or college which assures the OPI that the applicant can meet the requirements for licensure in three years. The other Class 5 principal endorsement rules had this language stricken and it was an oversight to leave the language in this rule.

 

            RESPONSE: The board thanks Ms. Gilkey for her comment, concurs, and has amended the rules accordingly.

 

            COMMENT 3: T.J. Eyer, OPI Division Administrator for the Career, Technology, and Adult Education Division commented that in order to be consistent with renewal requirements for other classes of licensure, he suggested amending ARM 10.57.420 to require first round renewal units in curriculum and instruction and safety for all Class 4 licenses. These courses are the most critical for safe and effective CTAE classrooms. 

 

            RESPONSE: The board thanks Mr. Eyer for his comment, concurs, and has amended the rule accordingly.

 

            COMMENT 4: Marco Ferro from MEA-MFT testified in support of the rule changes and requested that the phrase "or in an educational institution specified in MCA 20-9-707" be added to ARM 10.57.102 (13) and (14) so that administrative and teaching experience at the Montana Youth Challenge Academy and Montana Job Corp can be included. The Governor's office, Youth Challenge Academy, and Tammy Lacey, chair of CSPAC, concurred with Mr. Ferro's requested change.

 

            RESPONSE: The board thanks the commenters for their comments, concurs with the suggested changes, and has amended the rules accordingly.

 

            COMMENT 5: Ms. Constance Dratz of Yellowstone Montessori testified in opposition to the rules and requested that the board consider alternative pathways to licensure for early education for existing Montessori preschool teachers who have already had many hours of training through the Montessori program. Several other commenters also had concerns about the pathway to licensure for preschool teachers.

           

RESPONSE: The board thanks Ms. Dratz and the other commenters who expressed their concerns about licensure issues. The Office of Public Instruction together with the Montana University System through the Chapter 58 educator preparation program stakeholders are working on procedures for pathways to licensure for preschool educators which are intended to include pathways to initial early childhood endorsement based on training and experience. 

 

            COMMENT 6: Some commenters expressed concerns about the three year time period in which current preschool teachers would have to obtain licensure.

 

            RESPONSE: The board thanks the commenters for their comments and states that the new licensure requirements will only apply to public preschool teachers. Private preschool teachers will not be affected. The stakeholders who worked on the amendments to the rules believe three years will be adequate; however, the timeline can be reviewed by the board and amended if necessary.

 

            6. The effective date of these rules is July 1, 2015.

 

           

/s/ Peter Donovan                               /s/ Sharon Carroll

Peter Donovan                                    Sharon Carroll, Chair

Rule Reviewer                                     Board of Public Education

 

Certified to the Secretary of State December 1, 2014.