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| Montana Administrative Register Notice 10-66-264 | No. 2 01/31/2013 | |
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BEFORE THE BOARD OF PUBLIC EDUCATION OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On February 28, 2013 at 9:30 a.m., the Board of Public Education will hold a public hearing in the Superintendent's conference room at 1227 11th Avenue, Helena Montana, to consider the proposed adoption and repeal 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 no later than 5:00 p.m. on February 21, 2013 to advise us of the nature of the accommodation that you need. Please contact Peter Donovan, Executive Secretary, 46 North Last Chance Gulch, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0302; fax (406) 444-0847; or e-mail [email protected]. 3. The rules as proposed to be adopted provide as follows: NEW RULE I DEFINITIONS (1) For the purposes of this chapter, the following terms apply: (a) "Alternative educational options" means a state-approved educational program designed to provide a secondary education outside a traditional high school setting (e.g., Job Corps, Youth Challenge). (b) "Candidate" means a person applying to take a high school equivalency (HSE) test. (c) "Chief education officer" means the principal or designated school official (e.g., guidance counselor). (d) "High school equivalency diploma" means a diploma issued by the state to individuals passing a state-approved high school equivalency test. (e) "High school equivalency test" means a test designed for individuals without a high school diploma to demonstrate the competencies of a high school graduate. (f) "Regular school program" means an education program provided by a public, private, or home school for which credits towards graduation are earned. (g) "School" means an education program provided by a public, private, or home school. (h) "State HSE test administrator" means the person in the Office of Public Instruction (OPI) who administers the HSE program. IMP: 20-2-131, MCA NEW RULE II QUALIFCATIONS FOR CANDIDATE TO RECEIVE HIGH SCHOOL EQUIVALENCY DIPLOMAS (1) Candidates shall not be currently enrolled in school or have received an accredited high school diploma or high school equivalency credential. (2) Candidates shall receive a high school equivalency (HSE) diploma when scores meet or exceed the minimum score requirement established by the Board of Public Education. (3) Candidates must physically reside in Montana and have a Montana mailing address, or claim Montana as their state of residence if tested at a military installation or in a federal correctional institution. (4) Candidates must be at least 19 years of age. IMP: 20-2-131, MCA NEW RULE III QUALIFICATIONS – EXCEPTIONS (1) Candidates 17 and 18 years of age are eligible to test and receive HSE diplomas provided the candidate: (a) submits to the HSE testing center prior to testing, an original, official school document that clearly identifies the candidate by name, date of birth, and provides the last school enrollment date and signed by the chief education officer verifying that the candidate has been advised of in-school and alternative educational options; or (b) resides in a Montana-based job corps center, correctional facility, state-authorized group home, or treatment center and submits a written referral from the facility director or authorized agent (e.g., probation officer); and (c) is no longer enrolled in a regular high school program for credit. (2) Candidates with no previous high school enrollment are required to provide documentation from a chief education officer or the county superintendent of the county in which the candidate currently resides, documenting the candidate has not enrolled in school and has been advised of in-school and alternative education options. IMP: 20-2-121, MCA NEW RULE IV AGE REQUIREMENT – WAIVER (1) A 16-year old candidate may receive a waiver of the age requirement if documentation is submitted and approved by the state HSE test administrator ([NEW RULE II]), as follows: (a) a completed, signed, and notarized 16-year old age waiver application form providing school status as required under [NEW RULE III] and notarized permission from the candidate's parent or legal guardian; (b) a statement from an OPI adult basic education program stating the candidate has successfully completed HSE preparation classes or has attained pre-test scores indicating a likelihood that the candidate will pass the official HSE test; and (c) a letter on official letterhead stationery from an employer or continuing education training program indicating that acceptance of the candidate is based upon successful completion of the HSE test. (2) A candidate 16 years of age who resides in a Montana-based job corps center, correctional facility, state-authorized group home, or treatment center may receive a waiver of the age requirement if the candidate submits a written referral from the facility director or authorized agent (e.g., probation officer) and is no longer enrolled in a regular high school program for credit. (3) Candidates with no previous high school enrollment are required to provide documentation from a chief education officer or the county superintendent of the county in which the candidate currently resides, documenting the candidate has not enrolled in school and has been advised of in-school and alternative education options. IMP: 20-2-131, MCA NEW RULE V REQUIREMENTS FOR TESTING (1) The following items must be submitted to an official HSE testing center prior to testing: (a) picture identification issued by tribal, state, or federal authorities; (b) appropriate documentation pursuant to [NEW RULE III] or [NEW RULE IV] if under the age of 19; and (c) proof of Montana residency. IMP: 20-2-131, MCA NEW RULE VI FEES (1) Upon advice and consent of the Board of Public Education, the Superintendent of Public Instruction shall establish a schedule of fees that may be charged for the administration of the HSE test. The schedule of fees shall be commensurate with the testing program centers' actual costs related to the HSE test. The Superintendent of Public Instruction shall report annually to the Board of Public Education the status of all fees associated with the HSE test. IMP: 20-2-131, MCA NEW RULE VII RETESTING (1) Retests must be administered in a test form not previously taken by the examinee and in compliance with the testing service requirements. (2) Candidates who previously received a Montana high school equivalency credential may retest if higher scores are required for employment or admission to a postsecondary institution. Retesting for this purpose requires prior approval from the state HSE administrator in the Office of Public Instruction. Candidates shall show proof that retesting is necessary by presenting a written request on official letterhead stationery signed by the agent requiring higher scores, stating the reason the higher scores are necessary. IMP: 20-2-131, MCA NEW RULE VIII ISSUANCE OF EQUIVALENCY DIPLOMAS AND OFFICIAL TRANSCRIPTS (1) All HSE diplomas are issued by the Superintendent of Public Instruction. Official transcripts and diplomas will be awarded to those who successfully complete the HSE test. Candidates will have access to test results through an official database. The Office of Public Instruction will maintain HSE records permanently. HSE records may be obtained by contacting the state HSE administrator at the Office of Public Instruction, P.O. Box 202501, Helena, Montana 59620-2501. (2) HSE test transcripts are accepted as official only when reported to the state HSE administrator by official HSE testing centers or by a scoring service recognized by the HSE administrator. IMP: 20-7-131, MCA NEW RULE IX OFFICIAL HSE TEST CENTERS (1) Official HSE test centers may be established as needed with the approval and inspection by the state HSE administrator. (2) Each Montana HSE test center must meet the requirements, policies, and procedures as proscribed by their individual testing company. (3) Following approval by the state HSE administrator, the HSE test center's contact information will be posted on the Office of Public Instruction HSE web site. IMP: 20-2-131, MCA 4. The board proposes to repeal the following rules: 10.66.101 REQUIREMENTS WHICH MUST BE MET IN ORDER TO RECEIVE HIGH SCHOOL EQUIVALENCY DIPLOMAS 10.66.102 WAIVER OF AGE REQUIREMENT AUTH: 20-2-114, MCA IMP: 20-2-121, MCA 10.66.103 METHOD OF APPLYING AUTH: 20-2-114, MCA IMP: 20-2-121, MCA 10.66.104 FEES AUTH: 20-2-114, MCA IMP: 20-2-121, MCA 10.66.105 WAITING PERIOD FOR RETESTING AUTH: 20-2-114, MCA IMP: 20-2-121, MCA 10.66.106 ISSUANCE OF EQUIVALENCY DIPLOMAS AUTH: 20-2-114, MCA IMP: 20-2-121, MCA 10.66.107 OFFICIAL TRANSCRIPTS AUTH: 20-2-114, MCA IMP: 20-2-121, MCA 10.66.108 OFFICIAL GED TEST CENTERS AUTH: 20-2-114, MCA IMP: 20-2-121, MCA 10.66.109 DEFINITIONS AUTH: 20-2-114, MCA IMP: 20-2-121, MCA 5. REASON: The GED Testing Service has partnered with Pearson Vue. Through this partnership GED has transitioned to a for-profit company and plans for significant changes to GED testing. Of greatest concern to the Montana task force, and stakeholders across the country, is the substantial increase in test taker fees. There is currently much discussion at the national level to develop alternative high school equivalency tests. The proposed rule changes will allow the Board of Public Education the flexibility to adopt other tests when and if they are developed, and maintain the quality control that is necessary to ensure the integrity and validity of our adult high school equivalency diploma. 20-7-131, MCA. Additionally, the new language replaces out-dated terminology and references, clarifies age-based exceptions, and aligns rule with practice. 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: Peter Donovan, Executive Secretary, 46 North Last Chance Gulch, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0302; fax (406) 444-0847; or e-mail [email protected] and must be received no later than 5:00 p.m., February 28, 2013. 7. Peter Donovan, Executive Secretary for the Board of Public Education, has been designated to preside over and conduct this hearing. 8. The Board of Public Education maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. 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/ Peter Donovan /s/ Patty Myers Peter Donovan Patty Myers, Chair Rule Reviewer Board of Public Education Certified to the Secretary of State January 22, 2013.
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