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Montana Administrative Register Notice 10-55-282 No. 10   05/25/2018    
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BEFORE THE BOARD OF PUBLIC EDUCATION

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I and the amendment of ARM 10.55.701 pertaining to suicide prevention in schools

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION AND AMENDMENT

 

TO: All Concerned Persons

 

            1. On June 19, 2018, 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 adoption and amendment 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 of Public Education no later than 5:00 p.m. on June 12, 2018, 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 adopted provides as follows:

 

NEW RULE I  SUICIDE PREVENTION AND RESPONSE (1) A local board of trustees shall establish policies, procedures, or plans related to suicide prevention and response that may include the following recommended elements:

            (a) Promotes collaboration with families and with community providers in all aspects of suicide prevention and response;

            (b) Implements a prevention and response program that is effective in reaching students, staff, and parents using resources required of the Office of Public Instruction under 20-7-1310, MCA;

            (c) Includes high quality intervention services for students;

            (d) Promotes interagency cooperation that enables school personnel to identify and access appropriate community resources for use in times of crisis;

            (e) Includes reintegration of youth into a school following a crisis, hospitalization, or residential treatment;

            (f) Provides for leadership, planning, and support for students and school personnel to ensure appropriate responses to attempted or completed suicides; and

            (g) Ensures regular evaluation and revision of the policy and procedures.

            (2)  The term "response" includes both immediate response and postvention guidelines.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, MCA

IMP:     20-2-121, MCA    

 

4. The rule as proposed to be amended provides as follows, new matter underlined, deleted mater interlined:

 

10.55.701 BOARD OF TRUSTEES (1) remains the same.

(2) Each school district shall make available to the staff and public:

           (a) through (o) remain the same.

           (p) a policy, procedure, or plan addressing suicide prevention and response as outlined in [NEW RULE I];

           (p) and (q) remain the same but are renumbered (q) and (r).

           (3) through (5) remain the same.

 

AUTH: Mont. Const. Art. X, sec. 9, 20-2-114, MCA

IMP:     20-2-121, MCA      

 

            5. REASON:  The Montana Legislature requires that amendments or new rules to standards of accreditation be recommended by the State Superintendent of Public Instruction to the Board of Public Education, and that the superintendent's recommendation is developed through the negotiated rulemaking processes of the Montana Administrative Procedure Act (MAPA). See 20-7-101(1) and (2), MCA. New Rule I and amended accreditation standard ARM 10.55.701 relate to the enactment of HB 381 from the 2015 legislative session, which added language to 20-7-1310, MCA, indicating that "[t]he trustees of a school district shall establish policies, procedures, or plans related to suicide prevention and response."

 

            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., June 22, 2018.

 

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

 

            8. 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 6 above or may be made by completing a request form at any rules hearing held by the board.

 

            9. The bill sponsor contact requirements of 2-4-302, MCA, apply. Representative Lenz, Representative Garner, Representative Sheldon-Galloway, and Senator McClafferty as sponsors of HB 381 were notified by a memo dated September 11, 2017, and emailed September 15, 2017.

 

            10. With regard to the requirements of 2-4-111, MCA, the board has determined that the adoption and amendment of the above-referenced rules 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 May 15, 2018.

 

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