BEFORE THE BOARD OF PUBLIC EDUCATION 

OF THE STATE OF MONTANA 

 

In the matter of the amendment of ARM 10.64.301 pertaining to school bus requirements

) ) )

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On May 9, 2017, at 10:00 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 amendment of the above-stated rule.

 

            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 May 2, 2017, 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 rule as proposed to be amended provides as follows, new matter underlined, deleted mater interlined:

 

            10.64.301 SCHOOL BUS REQUIREMENTS (1) The Board of Public Education adopts and incorporates the Standards for School Buses in Montana -2012 2017. A copy of this document is available from the Office of Public Instruction, Pupil Transportation Division, P.O. Box 202501, Helena, Montana 59620-2501 and is available at the following web address: http://www.opi.mt.gov/pdf/PupilTransport/12ProposedBusStandards.pdf

http://opi.mt.gov/pdf/PupilTransport/17BusStandards_Proposed.pdf.

            (2) The Board of Public Education adopts standards for school buses in Montana in part from the National School Transportation Specifications and Procedures, as adopted in 2010 2015 by the Fifteenth Sixteenth National Congress on School Transportation (NCST). The NCST occasionally issues an interpretation on its adopted specifications and procedures. Any interpretation adopted by the NCST shall be the official interpretation of the corresponding Montana standard unless that interpretation is specifically redefined or preempted by a corresponding Montana standard, law, or regulation. The National School Transportation Specifications and Procedures and additional information regarding the NCST are available at www.NCSTOnline.org. 

 

AUTH: 20-2-121, MCA

IMP:     20-10-111, MCA    

 

            4. REASON:  The Board of Public Education must prescribe minimum standards consistent with the recommendations adopted by the National Congress on School Transportation (NCST).  The NCST has revised and adopted specifications and procedures for school buses.  It is necessary for the BPE to amend ARM 10.64.301 to update the Standards for School Buses in Montana to be consistent with the 2015 National School Transportation Specifications and Procedures.  The Montana Pupil Transportation Advisory Council and OPI staff conducted a comprehensive review of the 2012 Standards for School Buses in Montana.  The revised version, Standards for School Buses in Montana - 2017, also needs to be incorporated into the rules.

 

            5. 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., May 12, 2017.

 

            6. Peter Donovan has been designated to preside over and conduct this hearing.

 

            7. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the 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 5 above or may be made by completing a request form at any rules hearing held by the board.

 

            8. 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.

 

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

 

10. With regard to the requirements of 2-4-111, MCA, the board has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

 

 

/s/ Peter Donovan                                        /s/ Sharon Carroll

Peter Donovan                                             Sharon Carroll

Rule Reviewer                                              Board Chair

                                                                     Board of Public Education

 

            Certified to the Secretary of State April 3, 2017.