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(1) The Board of Public Education adopts standards of accreditation upon the recommendation of the Superintendent of Public Instruction.

(2) The Board of Public Education and the Superintendent of Public Instruction establish procedures and schedules for reviewing the accreditation status of each school.

(3) To ensure a learner-centered system and establish a plan for continuous education improvement, the school district shall develop, implement, monitor, and evaluate an integrated strategic action plan and make the plan publicly available. To align with local context and needs, the district integrated strategic action plan shall be updated at least every three years based on a comprehensive needs assessment with meaningful stakeholder input and feedback that comply, at a minimum, with applicable requirements in Title 2, chapter 3, part 1, MCA.  The plan must clarify what specific steps must be taken to achieve the district graduate profile and reflect a continuous improvement process.

(4) Each plan shall include:

(a) a school district graduate profile as defined in ARM 10.55.602;

(b) the school district's educational goals pursuant to the requirements of ARM 10.55.701;

(c) a description of planned progress toward implementing all content and program area standards, in accordance with the schedule in ARM 10.55.603;

(d) a description of strategies for assessing student progress toward meeting all content standards, pursuant to the requirements of ARM 10.55.603 and 10.56.101;

(e) a professional development component, in accordance with ARM 10.55.714;

(f) a description of how the district will meet programmatic requirements of state and federal grants; and

(g) a description of strategies for addressing the needs of gifted and talented students in accordance with ARM 10.55.804, children with disabilities in accordance with ARM 10.55.805, English learner students in accordance with ARM 10.55.806, and at-risk students as defined in 20-1-101, MCA.

(5) The local board of trustees shall report and submit their adopted integrated strategic action plan to the Superintendent of Public Instruction.

(6) The Superintendent of Public Instruction shall develop and implement procedures necessary to monitor and evaluate the effectiveness of the implementation of the integrated strategic action plan of each school district.

(7) To ensure learner centered systems and continuous educational improvement, the Superintendent of Public Instruction shall provide guidance, resources, and evaluation to assist in the implementation of the district integrated strategic action plan to improve learning outcomes for all students.

For the purposes of this chapter, the following terms apply:  

(1) "Accreditation" means certification by the Board of Public Education that a school meets the adopted standards of the Board of Public Education for a specified school year. 

(2)  "Assessment" means the gathering, organizing, and evaluation of information about student learning progression, growth, and proficiency in order to monitor and measure the effectiveness of the instructional program.

(3) "Assurance standards" means the minimal standards of a quality education program comprised of the following subchapters:

(a) Subchapter 6, General Provisions, ARM 10.55.601 through 10.55.608;

(b) Subchapter 7, School Leadership, ARM 10.55.701 through 10.55.724;

(c) Subchapter 8, Educational Opportunity, ARM 10.55.801 through 10.55.806;

(d) Subchapter 9, Academic Requirements, ARM 10.55.901 through 10.55.910; and

(e) ARM 10.55.1001 through 10.55.2301.

(4) "Asynchronous" means not occurring at the same time. "Asynchronous" refers to instruction and communication between participants (i.e., students and teachers) that occur at different times.         

(5)  "Charter school" means a publicly funded school that may be exempt from an assurance standard or a section of assurance standards as defined in ARM 10.55.602(3). A charter school operates under the supervision and control of an existing locally elected board of trustees in an existing public school district.

(6) "Class 6 specialist" means a person with a Class 6 specialist license in a nonteaching role of school psychologist or school counselor.

(7) "Community engagement" means the partnership between members of the community and schools that may share resources and volunteer to support student well-being and learning development.

(8) "Comprehensive needs assessment" means a process that is used to identify district and school area(s) of need, the root causes of identified gaps, set priorities, and inform an action plan for improvement.

(9) "Content standard" means what all students should know, understand, and be able to do in a specific content area.

(10) "Corrective plan" means a systematic procedure and timeline for resolving deviations when a school has an accredited with probation status.

(11) "Deviation" means a citation of noncompliance with any given standard.

(12) "Digital content provider" means an entity, organization, or individual registered pursuant to ARM 10.55.907 offering K-12 educational content for distance, online, and technology-delivered programs and courses.

(13) "Distance learning" means instruction in which students and teachers are separated by time, location, or both with synchronous or asynchronous content, instruction, and communication between student and teacher. This instruction may consist of learning opportunities provided through online (Internet-based) and other emerging technologies.

(14) "Endorsement" means an official indication on a license of the subject area(s), specialized program area(s), or both for which the holder of the license is authorized to practice in Montana accredited schools.

(15) "Facilitator" means the individual assigned to monitor distance, online, and technology-delivered learning programs pursuant to ARM 10.55.907. The facilitator may be an instructional paraprofessional as long as there is a licensed teacher providing the instruction.

(16) "Family engagement" means a partnership with shared responsibility among families, educational staff, and community groups to promote each student's learning, well-being, and development of full educational potential during their entire K-12 experience.

(17) "Graduate profile" means a learner centered model(s) based on a shared vision of learner attributes that students should have when they graduate.

(18) "Graduation rate" means a calculation based on the four-year adjusted cohort graduation rate for all students and for each student group.

(19) "Instructional paraprofessional" means school or district personnel whose positions are instructional in nature and who work under the direct supervision of licensed school personnel. The supervising licensed school personnel are responsible for:

(a) the design, implementation, and assessment of learner progress; and

(b) the evaluation of the effectiveness of learning programs and related services for children.

(20) "Integrated strategic action plan" means a district plan adopted by the board of trustees that:

(a)  is aligned with the peoples' goal in Article X, section 1 of the Montana Constitution of developing the full educational potential of each person;

(b) ensures a learner centered system and continuous improvement that reflects local context and needs;

(c)  is based on school level comprehensive needs assessment;

(d)  has engaged stakeholders and addresses stakeholder input and feedback; and

(e) aligns with requirements of applicable state and federal programs.

(21) "Intensive assistance" means a required process for schools in accredited with probation status. Such schools have failed to develop or implement an approved corrective plan to remedy accreditation deviations within the designated timeline.

(22) "Internship" as provided for in ARM 10.57.114 means an agreement between a fully licensed Class 1, 2, or 3 educator, the school district, and a Montana accredited educator preparation program. Internships are permitted in endorsement areas approved by the Board of Public Education in ARM 10.57.412 and 10.57.414 through 10.57.419.

(23) "Learning model" means the learning experiences students engage in and teachers facilitate that are aligned to the desired attributes of a graduate profile.

(24) "Learning progression" means the specific performance expectations in each content area and grade-level or grade-band from kindergarten through grade 12.

(25) "Licensure" means a certificate issued or applied for under 20-4-101, et seq., MCA.

(26) "Literacy" means constructing and validating knowledge in specific content areas which includes interpretation and learning with language, numeracy, and media.

(27) "Measure" means a way to assess the level of proficiency on a performance indicator aligned to the district graduate profile.

(28) "Middle grades" means grades 4 through 9.

(29) ʺMinimum requirementʺ as used in ARM 10.55.606 means groups of 10 or more students for reporting valid and reliable results as it pertains to student performance.

(30) "Nonlicensed" means a person who does not hold a current Montana educator license, except for a person for whom an emergency authorization of employment has been issued under the provisions of 20-4-111, MCA.

(31) "Personalized learning" means to:

(a) develop individualized pathways for career and postsecondary educational opportunities that honor individual interests, passions, strengths, needs, and culture;

(b) support the student through the development of relationships among teachers, family, peers, the business community, postsecondary education officials, public entities, and other community stakeholders;

(c) embed community-based, experiential, online, and work-based learning opportunities; and

(d) foster a learning environment that incorporates both face-to-face and virtual connections.

(32) "Principal" means a person who holds a valid Montana Class 3 educator license with an applicable principal endorsement and who is employed by a district as a principal, or who is enrolled in a Board of Public Education approved principal internship program under ARM 10.57.114.

(33) "Professional development" means adult learning that increases educator effectiveness and learning outcomes for all students.

(34) "Proficiency-based learning" means systems of instruction, assessment, and academic reporting that are based on students demonstrating that they have learned the knowledge and skills as outlined in the state content standards.

(35) "Proficient" means that a student demonstrated a level of knowledge and skills that are expected to be learned signaling that a student is well prepared to progress on the learning continuum aligned to the content standards, learning progressions, and necessary readiness skills.

(36) "Program area standards" means the subject matter Montana school districts are required to offer and the strategies and proven practices used to instruct. The program area standards include: English language arts, arts, health and physical education, mathematics, science, social studies, career and technical education, technology integration, computer science, library media and information literacy, world languages, and school counseling.

(37) "Program delivery standards" means the conditions and practices school districts are required to provide ensuring that every student is afforded equal educational opportunities to learn, develop, and demonstrate achievement in content standards and content-specific grade-level or grade-band learning progressions.

(38) "Pupil instruction" is as defined in 20-1-101, MCA.

(39) "Pupil instruction day" means a school day of pupil instruction.

(40) "Pupil instruction-related (PIR) day" means days of teacher activities devoted to improving the quality of instruction. The activities may include, but are not limited to: in-service training, attending state meetings of teacher organizations, and conducting parent conferences.

(41) "School" means, for accreditation purposes, an educational program and grade assignments designated by the local board of trustees in one of the following categories:

(a) an elementary school, which offers any combination of kindergarten through eighth grade;

(b) a seventh and eighth grade school, which comprises the basic education program for grades 7 and 8 that may be funded at the high school rate pursuant to 20-9-306, MCA;

(c) a junior high school, which offers the basic education program for grades 7 through 9;

(d) a middle school, which offers education programs for grades 4 through 8 or any combination thereof; and

(e) a high school, which offers the educational programs for grades 9 through 12 or grades 10 through 12 when operating in conjunction with a junior high school.

(42) "School administrator" means a person who is a part of the school's administrative or supervisory staff and who holds a Class 3 license and is appropriately endorsed, or who is enrolled in a Board of Public Education approved administrator internship program under ARM 10.57.114.

(43) "School district means the territory, regardless of county boundaries, organized under the provisions of Title 20, MCA to provide public educational services under the jurisdiction of the local board of trustees. A high school district may encompass all or parts of the territory of one or more elementary districts. "School district" refers to all state-funded special purpose schools that are accredited under this chapter.

(44) "School system" means the administrative unit of a district or combination of districts. In Montana, types of school systems are as follows:

(a) "combined elementary-high school district" means an elementary district and a high school district which are combined into a single school system for district administration purposes through a K-12 district, unified school system, or joint board;

(b) "independent high school district" means a district organized for the purpose of providing public education for all or any combination of grades 9 through 12 that is operated independent of an elementary district; and

(c) "independent elementary school district" means a district organized for the purpose of providing public education for all or any combination of grades kindergarten through grade 8 that is operated independent of a high school district. 

(45) "Stakeholders" means community members who may be involved and invested in districts, schools, programs, and outcomes for students. Stakeholders include students, families, educators, leaders, business and community leaders, taxpayers, and the many partners who support them.

(46) ʺState accountability systemʺ means federally mandated academic measures and Montana defined flex indicator(s) within the annual meaningful differentiation process.

(47) "Student growth" means changes in student learning as measured from one point in time to another as determined by state or local measures, or both. The federal accountability system uses a growth model to demonstrate student learning across time as measured by statewide assessments.

(48) "Student performance standards" means the measurement of student performance and proficiency on annual state level summative assessments and graduation rates used to determine the accreditation status of a school. 

(49) "Superintendent" means a person who holds a valid Montana Class 3 educator license, with an applicable superintendent's endorsement, or who is enrolled in a Board of Public Education approved superintendent internship program under ARM 10.57.114.

(50) "Synchronous" means occurring at the same time. "Synchronous" refers to instruction and communication between participants (i.e., students and teachers) that occurs at the same time even though they may be in different physical locations. For example, instruction in which students and teachers are online at the same time so that a question can be immediately answered.

(51) "Teacher" means a person, except a district superintendent, who holds a valid Montana educator license issued by the Superintendent of Public Instruction under the policies adopted by the Board of Public Education and who is employed by a district as a member of its instructional, supervisory, or administrative staff. This definition of a teacher includes a person for whom an emergency authorization of employment has been issued under the provisions of 20-4-111, MCA.

(52) "Technology-delivered learning" means instruction and content digitally delivered via technologies.

(53) "Variance to standard" means an alternate approach to meeting or exceeding the minimum standards.

(1) Local school districts shall develop and implement a proficiency-based learning model that includes curriculum aligned to all content standards and appropriate learning progressions. 

(2) School districts shall review, update, and align their learning programs following or after the state's schedule for revising standards.

(3) School districts shall assess all students' progression, growth, and proficiency of content standards and content-specific grade-level or grade-band learning progressions in each program area as aligned with the district assessment plan in (5). The district shall use multiple measures including state-level achievement information obtained by administration of assessments pursuant to ARM 10.56.101 to examine the learning program and measure its effectiveness.

(a) The examination of program effectiveness using assessment results shall include current students and be supplemented with information about graduates and other students no longer in attendance; and

(b) The information obtained shall be considered in curriculum and assessment development.

(4) For content standards in all program areas pursuant to the requirements of ARM 10.55.602, school districts shall:

(a) establish curriculum and assessment development processes as a cooperative effort of personnel licensed and endorsed in the program area and trustees, administrators, other teachers, students, specialists, families, community members, and, when appropriate, tribal representatives and state resource staff;

(b) review curricula at least every five years or consistent with the state's standards revision schedule, and modify, as needed, to meet the goals of the integrated strategic action plan pursuant to ARM 10.55.601;

(c) review materials and resources necessary for implementation of the curriculum and assessment at least every five years, or consistent with the state's standards revision schedule that are consistent with the goals of the integrated strategic action plan pursuant to ARM 10.55.601; and

(d) review curricula and instructional materials and resources to ensure the inclusion of the distinct and unique cultural heritages and contemporary portrayal of American Indians.

(5) The school district shall develop and implement an assessment plan that details progression, growth, and proficiency, promotes demonstrations of student learnings, and measures student progress ensuring alignment to the local curriculum in all program areas pursuant to ARM 10.56.101.

(a) The assessment plan shall be included in the integrated strategic action plan pursuant to ARM 10.55.601 and be in place within two years following the development of local curriculum.

(b) School districts shall use appropriate multiple measures and methods, including state-level achievement information obtained by administration of assessments pursuant to the requirements of ARM 10.56.101, to assess student growth and proficiency of content standards and content-specific grade-level or grade-band learning progressions in all program areas.

(c) The Superintendent of Public Instruction shall develop criteria and procedures for the selection of appropriate multiple measures and methods to be used to assess student growth and proficiency of content standards and appropriate content-specific grade-level or grade-band learning progressions in all program areas.

(d) The Superintendent of Public Instruction shall provide technical assistance to districts to meet the criteria and procedures in (5)(c).

(1) A local board of trustees may apply to the Board of Public Education through the Superintendent of Public Instruction to implement a variance to an assurance or a section of assurance standards, excluding standards stating statutory criteria, standards pertaining to educator licensure or endorsement, and content standards as defined by the Board of Public Education and provided in guidance from the Superintendent of Public Instruction. 

(a) In its application, the local board of trustees shall outline how and why its proposed variance would be workable, educationally sound, and designed to meet or exceed results under established standards and, where applicable, aligned with program standards under ARM 10.55.1101 through 10.55.2201.

(b) In its application, the school district shall provide evidence through official minutes of the board of trustees that local school community stakeholders were involved in the consideration and development of the proposed variance to an assurance standard or a section of assurance standards. Stakeholder groups include trustees, administrators, teachers, classified school staff, families, community members, and students as applicable. A district shall provide evidence it adopted its application for variance at an official, properly noticed meeting of its board of trustees.

(c) An application for variance to an assurance standard or a section of assurance standards is due in writing to the Superintendent of Public Instruction no later than the second Monday in October for the current academic year. 

(d) Upon receipt, the Superintendent of Public Instruction shall refer applications for variance to an assurance standard or a section of assurance standards to a pre-appointed review board. The Superintendent of Public Instruction shall facilitate and provide organizational support for the meetings of the review board.

(i) The review board shall consist of the following, appointed by the Superintendent of Public Instruction and approved by the Board of Public Education: one trustee, one district superintendent, one high school principal, one elementary principal, two high school teachers, two elementary school teachers, one tribal council representative, and one family or community representative. 

(ii) The review board members shall serve five year terms with no limit to the number of terms any one person may serve. Terms shall be staggered where half of all positions shall be filled every three years prior to the first meeting of the review board in the third year.

(e) The review board shall review all applications and use a uniform rubric, made available to districts in advance of applying to implement a variance to an assurance standard or a section of assurance standards. The uniform rubric will ensure consistent and high-quality applications from school districts across Montana. 

(f) The review board shall provide its recommendations to the Superintendent of Public Instruction with a recommendation for approval, modification, or rejection of the review board's recommendation within 60 calendar days of the review board being referred an application.

(g) The Superintendent of Public Instruction shall provide the Board of Public Education with a recommendation for approval, modification, or rejection of the review board's recommendation.

(h) If the Superintendent of Public Instruction or review board finds an application to be preliminarily deficient, the superintendent shall advise the applicant school district why that application is not ready for consideration. The applicant district shall have the opportunity to change its application as suggested or submit it as originally proposed.

(2) The Board of Public Education shall approve or deny proposed variances to an assurance standard or a section of assurance standards. If the board denies a proposed variance to an assurance standard or a section of assurance standards, it shall remit in writing to the applicant school district why it has done so.

(3) If the Board of Public Education approves a proposed variance to an assurance standard or a section of assurance standards, it shall initially do so for no more than two years pending ongoing review of the implementation by the Superintendent of Public Instruction.

(4) Following the second year of implementation of a variance to an assurance standard or a section of assurance standards, the school district shall provide evidence to the Superintendent of Public Instruction that the methods selected by the district implement, meet, or exceed results that could have been achieved under established standards.

(5) If the Superintendent of Public Instruction finds the variance is workable and educationally sound, the Superintendent shall report findings and recommend continued approval to the Board of Public Education.

(6) If the Board of Public Education concurs with the Superintendent's recommendation, it may renew the variance for no more than three years.

(7) The Board of Public Education may subsequently renew the variance provided the district continues to show how the variance meets or exceeds established standards.

(8) If the Superintendent of Public Instruction finds the variance to an assurance standard or a section of assurance standards is not working as intended or does not meet or exceed results that could be achieved under established standards, the superintendent shall recommend to the Board of Public Education that the variance be revoked.

(9) If the Board of Public Education accepts the Superintendent's recommendation to revoke a variance, the board's decision is final.

(10) A school district may discontinue an approved variance at any time. If it does so, it shall promptly notify the Superintendent of Public Instruction in writing.

(1) Regular accreditation means the school has met the assurance standards and student performance standards as defined in ARM 10.55.606, and the Licensure Endorsement Requirements Related to Teaching Assignments.  A copy of the Accreditation Status Criteria Reference Guide must be made publicly available by the Superintendent of Public Instruction. 

(2) Regular with minor deviation accreditation means the school does not meet all the requirements of regular accreditation outlined in (1), as defined in the Accreditation Status Criteria Reference Guide, which must be made publicly available by the Superintendent of Public Instruction.

(3) A school with regular accreditation with a deviation in student performance standards, as defined in ARM 10.55.606, or regular with minor deviations accreditation, as defined in ARM 10.55.606, shall remedy the deviations within three years or will be reassigned to a lower category of accreditation.

(4)  Advice accreditation means the school exhibits serious and/or numerous deviations from the standards. A copy of the Accreditation Status Criteria Reference Guide must be made publicly available by the Superintendent of Public Instruction. 

(5) Deficiency accreditation means the school is in advice status for two years, has not complied with the required corrective plan, and continues to have serious and/or numerous deviations, or has substantially increased the seriousness of deviations over the previous year.

(6) For a district with a school in advice or in deficiency status, the district administrator and the chair of the local board of trustees shall submit to the Superintendent of Public Instruction a corrective plan, including a systematic procedure and timeline for resolving the deviations noted.

(7) A school shall be immediately placed in deficiency status if:

(a) the school employs a teacher who does not have a Montana teaching license; or

(b) the school has a facility that creates an unhealthy environment with safety and health hazards.

(8) A school in deficiency status failing to comply with the required corrective plan shall be placed into the intensive assistance process as defined in the Accreditation Status Criteria Reference Guide, which must be made publicly available by the Superintendent of Public Instruction.

(9) Nonaccredited status means that a school in deficiency status fails to meet the requirements of intensive assistance and is out of compliance with the Board of Public Education standards of accreditation.

(10) A school seeking initial accreditation or reinstatement of accreditation shall meet the requirements of regular accreditation outlined in (1). This process shall include an on-site review from the Office of Public Instruction.

(1) The categories of accreditation of a school shall be determined by using two sets of standards: 

(a) assurance standards; and

(b) student performance standards.

(2) Assurance standards are comprised of the following subchapters in ARM Title 10, chapter 55:

(a) Subchapter 6, General Provisions, ARM 10.55.601 through 10.55.608;

(b) Subchapter 7, School Leadership, ARM 10.55.701 through 10.55.724;

(c) Subchapter 8, Educational Opportunity, ARM 10.55.801 through 10.55.806;

(d) Subchapter 9, Academic Requirements, ARM 10.55.901 through 10.55.911; and

(e) ARM 10.55.1001 through 10.55.2301.

(3) Student performance standards are comprised of measures required under ARM 10.56.101(3) and other measures described in the state accountability system, defined in ARM 10.55.602, recommended by the state superintendent and approved by the Board of Public Education.

(a)  The Board of Public Education shall annually review the minimum requirement, defined in ARM 10.55.602, for reporting valid and reliable student group results and to protect student privacy based on the recommendation of the State Superintendent of Public Instruction.

(b)  The State Superintendent of Public Instruction shall recommend to the Board of Public Education modifications to the student performance standards after consultation with representative stakeholders.

(4) For schools with only combinations of grades PK-2, only the assurance standards shall be used to determine accreditation status, pursuant to ARM 10.55.605 Categories of Accreditation.

(5) Categories of assurance standards and student performance standards shall be used to determine accreditation status.

(6) A school shall be designated regular accreditation status by using the combined results of the assurance standards and student performance standards as follows:

(a) Regular status for assurance standards and regular status for student performance standards;

(b) Regular status for assurance standards and regular with minor deviation for student performance standards; or

(c)  Regular with minor deviation for assurance standards and regular status for student performance standards.

(7) A school shall be designated regular with minor deviation status by using the combined results of both assurance standards and student performance standards in regular with minor deviation status, or as stated in ARM 10.55.605.

(8) A school shall be designated in advice status by using the combined results of the assurance standards and student performance standards in either set of standards, or as stated in ARM 10.55.605.

(9) A school shall be designated deficiency status by using the combined results of assurance standards and student performance standards in deficiency in either set of standards, or as stated in ARM 10.55.605.

This rule has been transferred.

(1)  A school district with the approval of an existing local board of trustees may apply to the Board of Public Education through the Superintendent of Public Instruction to form a charter school. 

(a)  A charter school must provide an education that meets or exceeds the requirements of the Montana Constitution, state law, and student performance standards.

(b)  The Board of Public Education may only grant charters to publicly funded schools or programs under the supervision and control of an existing locally elected board of trustees in an existing school district.

(c)  The procedure by which a school district may apply to create a charter school and by which the Board of Public Education may approve, deny, evaluate, and renew a charter school shall be identical to that outlined in ARM 10.55.604.

(d)  To be proposed by an existing local board of trustees and approved by the Board of Public Education, a charter school shall, at a minimum, guarantee the following:

(i)  school district governance and control;

(ii)  unrestricted, open student access;

(iii)  compliance with all health and safety laws;

(iv)  teacher licensure and endorsement to the same extent as required or provided by state law or accreditation standards;

(v)  employee collective bargaining to the same extent as required or provided by state law; and

(vi)  a plan for consideration of input by community members and staff as to formation and implementation issues.  Consideration of input may be identified by formation of advisory committees involving staff and/or community members, conduct of a properly noticed public meeting for purposes of comment on the formation or operation of the charter school, or any other reasonable means that result in an opportunity for input by staff and community members prior to a decision of significant interest to the public regarding the formation or operation of the charter school.

(e)  Charter school applications must comply with statutory criteria, assurance standards pertaining to ARM Title 10, chapter 55, subchapter 6, General Provisions, ARM 10.55.601 through 10.55.606, ARM 10.57.114, ARM 10.55.719 through 10.55.721, or subchapter 8, Educational Opportunity, ARM 10.55.801 through 10.55.806, assurance standards pertaining to educator licensure or endorsement, student performance standards, and content standards as defined by the Board of Public Education and provided in guidance from the Superintendent of Public Instruction.

(f)  A school district may discontinue an approved charter school at any time.  If it does so, it shall promptly notify the Board of Public Education in writing.

(1) The local board of trustees shall ensure that the school district complies with all local, state, and federal laws and regulations.

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

(a) goals that reflect the district's strategic plan of education;

(b) sequential curriculum for each program area that aligns to the content standards, specific grade-level learning progressions, and program area standards;

(c) policies establishing student assessment procedures that ensure evaluation of the district's curriculum and student learning. These procedures shall specify how and when data are to be collected, analyzed, and reported;

(d) policies that delineate the responsibilities of the local board of trustees, superintendent, and personnel employed by the school district. The local board of trustees shall review these policies on a regular basis;

(e) a policy on student, parent, and school employee due process rights;

(f) policies addressing bullying, hazing, intimidation, and harassment of students and meeting the requirements in ARM 10.55.719;

(g) an equity policy;

(h) a transfer policy for determining the appropriate placement of incoming students;

(i) an academic freedom policy;

(j) a materials selection policy, including a challenge procedure, for all curricular and support materials;

(k) a copyright policy;

(l) a policy that defines the use of school facilities and resources;

(m) comprehensive family engagement policy aligned to meet the following goals:

(i) families actively participate in the life of the school and feel welcomed, valued, and connected to each other, to school staff, and to what students are learning and doing in class;

(ii) families and school staff engage in regular, two-way meaningful communication about student learning;

(iii) families and school staff continuously collaborate to support student learning and healthy development both at home and at school and have regular opportunities to strengthen their knowledge and skills to do so effectively;

(iv) families are empowered to be advocates for their own and other children, to ensure that students are treated equitably and have access to learning opportunities that will support their success;

(v) families and school staff partner in decisions that affect children and families and together inform, influence, and create policies, practices, and programs; and

(vi) families and school staff collaborate with members of the community to connect students, families, and staff to expand learning opportunities, community services, and civic participation;

(n) a policy incorporating the distinct and unique cultural heritage of American Indians, ensuring integration of the history and contemporary portrayals of Indians, and that is aligned with district goals;

(o) a policy addressing distance, online, and technology-delivered learning as defined in ARM 10.55.602;

(p) a policy that defines a significant writing program; and

(q) a policy that addresses student health issues that arise in the school setting.

(3) The local board of trustees shall have valid, written contracts with all regularly employed licensed administrative, supervisory, and teaching personnel.

(4) The local board of trustees shall have written policies and procedures for regular and periodic evaluation of all regularly employed personnel. The individual evaluated shall have access to a copy of the evaluation instrument, the opportunity to respond in writing to the completed evaluation, and access to his or her files. Personnel files shall be confidential.

(a) The evaluation system used by a school district for licensed staff shall, at a minimum:

(i) be conducted on at least an annual basis with regard to nontenure staff and according to a regular schedule adopted by the district for all tenure staff;

(ii) be aligned with applicable district goals, standards of the Board of Public Education, and the district's mentorship and induction program required under ARM 10.55.701(5)(b);

(iii) identify what skill sets are to be evaluated;

(iv) include both formative and summative elements; and

(v) include an assessment of the educator's effectiveness in supporting every student in meeting rigorous learning goals through the performance of the educator's duties.

(b) The Superintendent of Public Instruction shall develop and publish model evaluation instruments that comply with this rule in collaboration with the MEA-MFT, Montana Rural Education Association, Montana School Boards Association, School Administrators of Montana, and Montana Small School Alliance. A school district adopting and using one of the model instruments shall be construed to have complied with this rule, though use of one of the models shall not be required provided that the district's evaluation instrument and process substantially conforms to the requirements set forth in this section.

(5) The local board of trustees shall:

(a) establish conditions that contribute to a positive school climate which:

(i) keep parents/guardians up to date on students' progress;

(ii) engage in a continuous school improvement process; and

(b) establish mentoring and induction programs to assist licensed staff in meeting teaching standards as defined in ARM 10.55.701(4)(a) and (b).

(1) The local board of trustees shall ensure that the school district complies with all local, state, and federal laws and regulations.  

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

(a) an integrated strategic action plan that includes a graduate profile as outlined in ARM 10.55.601;

(b) sequential K-12 curriculum for each program area that aligns to the content standards, content specific grade-level or grade-band learning progressions, and program area standards;

(c) policies establishing student assessment procedures that ensure evaluation of the district's curriculum and student learning. These procedures shall specify how and when data are to be collected, analyzed, and reported;

(d) policies providing descriptions of the roles and responsibilities of the local board of trustees, superintendent, and personnel employed by the school district;

(e) a policy addressing grievances for students, families, staff, and stakeholders; and

(f) any other policies required by state or federal law.

(3) The local board of trustees shall establish conditions that contribute to a positive school climate which:

(a) implement family and community engagement strategies as found in ARM 10.55.722; and

(b) engage in a continuous school improvement process that is aligned with the school district's integrated strategic action plan.

(4) The local board of trustees shall develop, with stakeholder input, an integrated strategic action plan to which the district graduate profile is aligned.

(5) The local board of trustees with meaningful stakeholder involvement shall establish and implement such additional policies as the board deems necessary that:

(a) provide for the safety and well-being of all students and staff;

(b) emphasize student learning and each student's growth;

(c) allow for personalized and proficiency-based learning models; and

(d) establish other policies for the effective operation of the school district.

(1) The district superintendent shall be: 

(a) appropriately licensed and endorsed in accordance with state statutes and Board of Public Education rules; or 

(b) considered appropriately assigned if the superintendent is enrolled in an internship program as defined in ARM 10.55.602 and meets the requirements of ARM 10.57.114.

(2) A superintendent intern shall be supervised throughout the year by a licensed and endorsed superintendent contracted by the district, including participation in, and review of, and written concurrence in all performance evaluations of licensed staff completed by the intern.

(3) The district superintendent shall perform administrative duties in accordance with 20-4-402, MCA.

(1) The school principal shall: 

(a) be appropriately licensed and endorsed in accordance with state statutes and Board of Public Education rules; or

(b) be considered appropriately assigned if the principal is enrolled in an internship as defined in ARM 10.55.602 and meets the requirements of ARM 10.57.114.

(2) Supervision of the principal intern shall be provided throughout the year by the district superintendent, county superintendent, or in the absence of either, a licensed and endorsed superintendent contracted by the district. Such supervision shall include participation in, and review of, and written concurrence in all performance evaluations of licensed staff completed by the intern.

(3) The principal shall carry out the district's policies and procedures, provide instructional leadership, and be responsible for the effective day-to-day operation of the school, including the management of finances, materials, and human resources to maximize student learning outcomes.

(1) The assignment of licensed superintendents for all configurations of school systems shall be based upon full-time equivalency (FTE) and shall be assigned as follows: 

(a) School systems with 14 or fewer FTE licensed staff and without a licensed superintendent employed may use a supervising teacher and the services of the office of the county superintendent to satisfy administrator requirements; 

(b) School systems with more than 14 and fewer than 18 FTE licensed staff shall employ a part-time, at a minimum of .10 FTE, licensed superintendent. One individual may serve as both superintendent and principal as defined in ARM 10.55.705(2)(a) or (2)(b);

(c) School systems with 18 or more and fewer than 31 FTE licensed staff shall employ a half-time (.50 FTE) licensed superintendent. One administrator may serve as both superintendent and principal as defined in ARM 10.55.705(2)(a) or (2)(b);

(d) School systems with 31 or more FTE licensed staff shall employ a full-time (1.0 FTE) licensed superintendent who shall devote full time to administration and supervision not to exceed a total assignment of 1.0 FTE; and

(e) No individual superintendent assigned pursuant to the ratios in (1) may be assigned as more than 1.0 FTE.

(2) School systems with 100 or more FTE licensed staff shall employ a full-time curriculum coordinator to supervise the educational program and alignment of standards, assessment, curriculum, instruction, and instructional materials. The curriculum coordinator shall hold a Class 3 administrative license. Those districts with fewer than 100 FTE licensed staff and no full-time curriculum coordinator shall employ the services of a consortium, multidistrict collaborative, or interlocal cooperative, or a part-time, designated curriculum coordinator.

(1) The assignment of licensed superintendents for all configurations of school systems shall be based upon full-time equivalency (FTE) and shall be assigned as follows:

(a) School systems with 14 or fewer FTE licensed staff and without a licensed superintendent employed may use a supervising teacher and the services of the office of the county superintendent to satisfy administrator requirements;

(b) School systems with more than 14 and fewer than 18 FTE licensed staff shall employ a part-time, at a minimum of .10 FTE, licensed superintendent. One individual may serve as both superintendent and principal as defined in ARM 10.55.705(2)(a) or (2)(b);

(c) School systems with 18 or more and fewer than 31 FTE licensed staff shall employ a half-time (.50 FTE) licensed superintendent. One administrator may serve as both superintendent and principal as defined in ARM 10.55.705(2)(a) or (2)(b);

(d) School systems with 31 or more FTE licensed staff shall employ a full-time (1.0 FTE) licensed superintendent who shall devote full time to administration and supervision not to exceed a total assignment of 1.0 FTE.

(e) No individual superintendent assigned pursuant to the ratios in (1) may be assigned as more than 1.0 FTE.

(2) School systems with 100 or more FTE licensed staff shall employ a full-time curriculum coordinator to supervise the educational program and alignment of standards, assessment, curriculum, instruction, and instructional materials. The curriculum coordinator shall hold a Class 3 administrative license. Those districts with fewer than 100 FTE licensed staff and no full-time curriculum coordinator shall employ the services of a consortium, multidistrict collaborative, or interlocal cooperative, or a part-time, designated curriculum coordinator.

(1) School systems with nine or fewer FTE licensed staff and without a licensed superintendent may use a supervising teacher and the services of the office of the county superintendent to satisfy principal requirements. 

(2) The assignment of licensed principals shall be based upon student enrollment and prorated as applicable. Principal assignments are as follows: 

(a) 0.25 FTE licensed principal shall be assigned to schools with enrollments of 125 to fewer than 175 students;

(b) 0.50 FTE licensed principal shall be assigned to schools with enrollments of 175 to fewer than 250 students;

(c) 1.0 FTE licensed principal shall be assigned to schools with enrollments of 250 to fewer than 550 students;

(d) 2 FTE licensed principals shall be assigned to schools with enrollments of 550 to fewer than 1050 students;

(e) 3 FTE licensed principals shall be assigned to schools with enrollments of 1050 to fewer than 1550 students;

(f) 4 FTE licensed principals shall be assigned to schools with enrollments of 1550 to fewer than 2050 students;

(g) 5 FTE licensed principals shall be assigned to schools with enrollments of 2050 or more students.

(3) No individual principal assigned pursuant to the ratios in (2) may be assigned as more than 1.0 FTE.

(1) Teachers shall use their professional judgment and measures of student growth and proficiency to provide engaging and highly effective pupil instruction to all students based on individual need.

(2) Teachers shall be involved in curriculum development and student assessments and in the promotion of a school climate that enhances student learning, achievement, and well-being.

(1) Teachers and specialists shall be: 

(a) appropriately licensed and endorsed in accordance with state statutes and Board of Public Education rules; or 

(b) considered appropriately assigned if enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.57.114.

(2) The school district shall arrange for a licensed and endorsed teacher in the content area to provide periodic support to the intern.

(3) School psychologists shall be licensed under ARM 10.57.432(1) or 10.57.433 and 10.57.434, or considered appropriately assigned if they are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.57.114.

(4) School counselors shall be:

(a) licensed under ARM 10.57.432(2) or 10.57.433 and 10.57.435; or

(b) considered appropriately assigned if they hold a Class 1 or 2 license and are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.57.114.

(5) All personnel whose qualifications are not outlined in ARM Title 10, Chapter 57 must have a license issued by the appropriate state or federal licensing agent or national registry if required by the existing rules and regulations.

(1) Teachers shall be assigned at the levels and in the subjects for which they are licensed and endorsed, unless they are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.55.607.

(2) Teachers assigned in grade 5 or 6 in the departmentalized classroom or middle school, who hold a 5-12 secondary license, must be endorsed in the subjects they are teaching. A 5-12 license will not cover a grade 5 or 6 assignment in a self-contained K-8 classroom.

(3) Clarifications of teaching assignments in grades 5 through 12 departmentalized settings are published in the Licensure Endorsement Requirements Related to Teaching Assignments, a copy of which may be found at: http://www.opi.mt.gov/pdf/Accred/Ch55/Appendices.pdf.

(4) Licensure at the elementary level entitles the holder to teach in grades K through 8.

(5) No teacher shall have more than 28 hours of assigned student responsibility per week except for one-, two-, and three-teacher schools.

(1) Teachers shall be assigned at the levels and in the subjects for which they are licensed and endorsed, unless they are enrolled in an internship as defined in ARM 10.55.602 and meet the requirements of ARM 10.57.114. 

(2) Teachers assigned in grade 5 or 6 in the departmentalized classroom or middle school, who hold a 5-12 secondary license, must be endorsed in the subjects they are teaching. A 5-12 license will not cover a grade 5 or 6 assignment in a self-contained K-8 classroom.

(3) Clarifications of teaching assignments in grades 5 through 12 departmentalized settings are published in the Licensure Endorsement Requirements Related to Teaching Assignments, which must be made publicly available by the Superintendent of Public Instruction. 

(4) Licensure at the elementary level entitles the holder to teach in grades K through 8.

(5) No teacher shall have more than 28 hours of assigned student responsibility per week except for one-, two-, and three-teacher schools.

(1) The school library shall be housed in a central location, and each school shall have a licensed and endorsed library media specialist at the following ratio: 

(a) .5 FTE for schools with 126-250 students;

(b) 1 FTE for schools with 251-500 students;

(c) 1.5 FTE for schools with 501-1000 students;

(d) 2 FTE for schools with 1001-1500 students;

(e) 2.5 FTE for schools with 1501-2000 students;

(f) 3 FTE for schools with 2001 or more students.

(2) Schools of fewer than 126 students shall employ or contract with a licensed and endorsed school library media specialist. 

(3) If a district has fewer than 126 students, the district may utilize a consortium, multidistrict agreement, or interlocal cooperative to secure these services.

(1) A minimum equivalent of one full-time counselor for each 400 elementary (K-8) students shall be provided. The counselor/student ratio shall be prorated.

(2) A minimum equivalent of one full-time counselor for each 400 high school students (including grades 7 and 8 if high school funding is received) shall be provided. The counselor/student ratio shall be prorated.

(3) Districts with fewer than 126 students may employ or contract with a licensed, endorsed school counselor or Class 6 specialist or utilize a consortium, multidistrict agreement, or interlocal cooperative to secure these services.

This rule has been repealed.

(1) In single grade rooms, the maximum class size shall be:

(a) no more than 20 students in kindergarten and grades 1 and 2;

(b) no more than 28 students in grades 3 and 4;

(c) no more than 30 students in grades 5 through 8.

(2) In multigrade classrooms, the maximum class size shall be:

(a) no more than 20 students in grades K, 1, 2, and 3;

(b) no more than 24 students in grades 4, 5, and 6;

(c) no more than 26 students in grades 7 and 8.

(3) Multigrade classrooms that cross grade level boundaries (e.g., 3-4, 6-7) shall use the maximum of the lower grade.

(4) In one-teacher schools, the maximum class size shall be 18 students.

(5) The school district must assign qualified human resources that comply with all fingerprint and background check requirements when exceeding maximum class sizes at a rate of 1 1/2 hours per day, per student overload.

(6) An overload of five students per classroom is considered excessive.

(2) Individual class size shall not exceed 30 students.

(a) Class size limits do not apply to instrumental music or choral groups.

(b) Laboratory/studio, e.g., science, art, PE, career and technical education, class size shall be limited for safety purposes. The number of students shall be determined through consultation with the teacher, considering the number, size, and use of laboratory stations.

(3) The number of students assigned a teacher per day shall not exceed 150.

(a) Study hall, regardless of size, shall be counted at 15 students.

(b) Student limits do not apply to instrumental music or choral groups.

(c) Library, guidance, and study hall duties are assigned student responsibilities. However, in cases where a teacher is assigned full time in these areas, the assignment may be for the entire day.

(4) Teachers with a significant writing program, as determined by the local board of trustees, shall have a maximum load of 100 students.

(1) Professional development:

(a) shall be aligned with the district graduate profile and educational goals outlined in the district integrated strategic action plan described in ARM 10.55.601;

(b) shall be provided to address safety, well-being, and mental health of students and staff;

(c) focuses on teachers as central to student learning and includes all other members of the school community;

(d) focuses on individual, collegial, and organizational learning, reflection, and growth;

(e) respects and nurtures the intellectual and leadership capacity of teachers, principals, and others in the school community by incorporating active learning and adult learning theory;

(f) reflects research and demonstrates models of effective practice in teaching, learning, and leadership;

(g) enables teachers to develop further experience in subject content, teaching strategies, uses of technologies, and other essential elements in teaching to high standards;

(h) offers opportunities for feedback and reflection;

(i) is ongoing and sustained;

(j) is planned collaboratively by those who will participate in and facilitate that development;

(k) requires substantial time, other resources, and where practical provides coaching and expert support;

(l) is job-embedded to encourage teachers to meet, share, collaborate, and grow their practice;

(m) is driven by a coherent long-term plan; and

(n) is evaluated on the impact of professional development on teacher effectiveness and student learning, and the results of this assessment guides subsequent professional development.

(2) Teachers and specialists shall annually complete professional development pursuant to the requirements of 20-1-304 and 20-4-304, MCA, including a minimum of three pupil instruction related (PIR) days dedicated exclusively to professional development.

(a) A professional development PIR day shall constitute six hours of contact time.

(b) A school district may divide a professional development PIR day into no fewer than two-hour blocks of contact time.

(c) A professional development block may be held on the same day as a pupil instruction day, but a school district shall not schedule a professional development PIR day to convene simultaneously with a pupil instruction day.

(3) The local board of trustees shall establish an advisory committee to evaluate the school district's current school year professional development plan; and develop and recommend a plan for the subsequent school year, which is a required component of the integrated action plan outlined in ARM 10.55.601.

(a) The advisory committee shall include, but not be limited to, trustees, administrators, and teachers. A majority of the committee shall be teachers.

(b) Each school year the local board of trustees shall adopt a professional development plan embedded in the district integrated strategic action plan for the subsequent school year based on the recommendation of the advisory committee.

(c) The plan recommended by the advisory committee and adopted by the local board of trustees shall outline how, when, and from whom teachers and specialists shall meet their professional development PIR day expectations.

(d) The plan adopted by the local board of trustees must take into consideration the advisory committee's recommendations and include two professional development PIR days in October during which schools must close in order to permit teachers and specialists to attend the annual professional development meetings of state professional associations.

(e) The adopted plan may include alternatives but shall not interfere with or prohibit teacher and specialist attendance at the annual October professional development meetings of state professional associations.

(f) Teachers and specialists who do not attend the annual professional development October meetings of state professional associations or school district plan approved alternative professional development PIR days shall not be paid for the days they are absent.

(g) Teachers, specialists, administrators, and school districts shall not substitute for professional development PIR day purposes professional development opportunities not specifically outlined in the school district's adopted professional development plan.

(h) The local board of trustees shall make their plan available to employees and the public.

(1) Instructional paraprofessionals shall be under the direct supervision of a licensed teacher who is responsible for instruction and assessment of students. The supervising teacher shall be available while the instructional paraprofessional is fulfilling his or her responsibilities and shall not be simultaneously assigned to another teaching duty or preparation time.

(a) Instructional paraprofessionals assigned to assist students with special education needs shall be under the supervision of the teacher or other professional designated as primarily responsible for instructional planning for the student. The designated professional has the responsibility to provide regularly scheduled communication and direction to the instructional paraprofessional and not to delegate any activity to the instructional paraprofessional that requires professional skill, knowledge, and judgment.

(b) Instructional paraprofessionals assigned to assist students in gaining specialized knowledge not generally available from a properly endorsed teacher shall be supervised by a teacher licensed at the proper level. The supervising teacher is responsible for instruction and assessment of students and shall not be simultaneously assigned to another teaching duty or preparation time.

(1) Substitute teachers may be used for extended teacher absences under the following conditions:

(a) In cases where a regular, licensed teacher under contract is temporarily unable, by reason of illness or for other reasons approved by the local board of trustees, to fulfill the teacher's duties, substitute teachers may be employed to carry on the duties of that teacher's position for a period not to exceed 35 consecutive teaching days. Such substitutes need not hold a current license, but preference shall be given to those substitutes who are properly licensed.

(b) If the absence of the regular, licensed or authorized teacher continues for more than 35 consecutive teaching days, the substitute may be placed under contract if licensed or the local board of trustees shall place a licensed teacher under contract. If the local board of trustees makes a written declaration to the Superintendent of Public Instruction that no licensed teacher is available, the district shall pursue the employment of a teacher authorized under the provisions of ARM 10.57.107.

(2) Any nonlicensed substitute teacher shall complete a minimum of three hours of training, as approved by the local board of trustees.

(3) Any nonlicensed substitute teacher must have received a high school diploma or have attained a passing score on the general education development assessment.

(4) A district that employs a nonlicensed substitute teacher must conduct a fingerprint-based background check of that individual according to the following procedures:

(a) The nonlicensed substitute teacher must present a complete set of fingerprints to a qualified law enforcement agency to be submitted to the school district.

(b) The district shall not employ the nonlicensed substitute teacher until state and federal authorities have reported the results of the background check or until the district has conducted a reference check of the individual.

(c) The district shall consider the information obtained from the results of the fingerprint-based background check under the provisions of Title 37, chapter 1, part 2, MCA, governing the licensure of criminal offenders and under 20-4-110, MCA. Conviction, including conviction following a plea of nolo contendere, a conviction in which the sentence is suspended or deferred, or any other adjudication treated by the court as a conviction, may be considered by the district as grounds for removal from the classroom if the conviction was for a sexual offense, theft, or any other crime meeting the criteria of Title 37, chapter 1, part 2, MCA.

(1) No licensed or classified employee of a school district, cooperative, or any contracted service provider shall be assigned to provide instruction of Braille to a student or produce Braille materials who has not demonstrated competency in "contracted" (grade two) standard literary Braille code by: 

(a) successful completion of a program, for teaching visually impaired students, from an approved educator preparation program as defined in ARM 10.57.102;  

(b) successful completion of the National Certification in Unified English Braille Test and maintenance of that certificate;

(c) successful completion of the Unified English Braille Exam (Washington State School for the Blind) and ongoing maintenance; or

(d) successful completion of the Literary Braille Transcribing Course available through the National Federation of the Blind.

(2) The employing agency (school district and/or cooperative) is responsible for:

(a)  monitoring appropriate assignment of personnel under (1);

(b) assuring personnel working towards certification are making adequate gains in their coursework; and

(c) assuring maintenance of certification.

(3) Any person under (1) shall have two years, from the date that the individual has been initially assigned to provide instruction in Braille or to produce Braille materials, to successfully pass the testing requirements.

(4) A person who has met the requirements of (1) shall maintain their facility with "contracted" (grade two) standard literary Braille code through continuing education opportunities. 

(5) For the purposes of (4), an approved provider of continuing education may include any entity approved by the Montana Office of Public Instruction and/or the Montana Board of Education.

(6) Individuals who seek to remain eligible to work with visually impaired students are responsible for documenting completion of continuing education. Such individuals will provide a copy of their documentation to their employing school district.

(7) If a paraprofessional, who has not successfully met the requirements found in (1), is assigned to work with a student who has a visual impairment, the paraprofessional will be supervised by the designated special education teacher in collaboration with a teacher of the visually impaired who holds a credential from an approved educator preparation program as defined in ARM 10.57.102. In addition, the assigned paraprofessional and the school district shall meet the requirements contained in (1) within two years of the date a student with a visual impairment has been identified as in need of Braille instruction and/or materials.

(1) Effective July 1, 2011, and not withstanding (3), no licensed or classified employee of any school district, cooperative, or contracted service provider shall be regularly assigned to provide educational sign language interpreting for a student(s) unless the employee has demonstrated skills and knowledge, at a 3.5 level or higher, on the Educational Interpreter Performance Assessment (EIPA) and passed the written portion of the Educational Interpreter Performance Assessment.

(2) Substitute employees of any school district, cooperative, or contracted service provider temporarily assigned to provide educational sign language interpreting for a student(s) for a period longer than 35 consecutive teaching days shall meet the standard in (1).

(3) An employee who has not met the qualifications in (1), but who has demonstrated a competency level of 2.5 or higher on the EIPA or a score commensurate with a competency level of 2.5 or higher on the EIPA Pre-Hire Assessment, may be assigned to provide educational sign language interpreting services. Such individuals shall have three years, from date of initial assignment, or the effective date of this rule, to demonstrate competency as described in (1).

(4) The employing entity (school district, cooperative, or contracting service provider) is responsible for providing appropriate assignment of personnel (directly) and/or use of appropriate technologies.

(5) Employees who have met the requirements in (1) and who seek to remain eligible to work as educational sign language interpreters are responsible for documenting a completion of 12 clock hours of professional development and/or Office of Public Instruction professional development units per calendar year related to the improvement of educational interpreting, performance, and knowledge skills. Such individuals will provide documentation of completion to their employing school district, cooperative, or contracting agency.

(6) For purposes of (5), approved providers of continuing educational opportunities shall include any entity approved by the Montana Office of Public Instruction or the Montana Board of Public Education.