10.57.107    EMERGENCY AUTHORIZATION OF EMPLOYMENT

(1) In accordance with 20-4-111, MCA, district administrators who have exhausted all possibilities for hiring a licensed teacher may request that the Superintendent of Public Instruction issue an emergency authorization of employment to the district to employ a person to teach. The following requirements must be met to ensure approval of the request:

(a) The request must originate with the school district.

(b) The position must have been advertised at least statewide far enough in advance to reasonably enable qualified applicants to submit applications and be interviewed. The obligation of a statewide advertisement may be satisfied through any reasonable means, including use of the Montana Jobs for Teachers Service of the Office of Public Instruction.

(c) The individual for whom the emergency authorization is being sought shall:

(i) have previously held a teacher or specialist license; or

(ii) provide acceptable evidence of academic qualifications or significant experience related to the area for which the emergency authorization of employment is being sought; or

(iii) provide evidence of experience as a paraprofessional; or

(iv) provide evidence to be assigned as a student teacher engaged in "supervised teaching experience" as defined in ARM 10.57.102(16). 

(2) An emergency authorization of employment is valid for one year and is eligible for continued authorization from year to year depending on satisfaction of conditions set forth in this rule.

(3) Experience as a classroom teacher when authorized pursuant to this rule qualifies as teaching experience as defined in ARM 10.57.102(19).

(4) Emergency authorization of employment for special education teachers is prohibited under federal regulations and is unavailable to a district for such positions. 

History: Mont. Const. Art. X, sec. 9, 20-4-102, MCA; IMP, Mont. Const. Art. X, sec. 9, 20-4-111, MCA; Eff. 4/21/75; ARM Pub. 11/25/77; AMD, 1990 MAR p. 1547, Eff. 8/17/90; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 1997 MAR p. 312, Eff. 2/11/97; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 12/10/16; AMD, 2022 MAR p. 799, Eff. 5/28/22.