BEFORE THE BOARD OF PUBLIC EDUCATION

                                               OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 10.55.602, 10.55.605, and 10.55.606 pertaining to the Accreditation Process

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On August 21, 2019, 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 rules.

 

            2. The board 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 August 14, 2019, to advise us of the nature of the accommodation that you need. Please contact Pete Donovan, Executive Director, 46 N. Last Chance Gulch, Suite 2B, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0300; fax (406) 444-0847; or e-mail pdonovan@mt.gov.

 

            3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

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

            (1) through (26) remain the same.

            (27) ʺMinimum requirementʺ means groups of 10 or more students.

            (27) through (40) remain the same but are renumbered (28) through (41).

            (42) ʺState accountability systemʺ means academic measures within the annual meaningful differentiation process and the other state defined indicators. 

            (41) (43) "Student performance standards" means minimal minimum standards of a quality education, which measures student performance on annual state level summative assessments and graduation rates used to determine the accreditation status of a school. 

            (42) through (46) remain the same but are renumbered (44) through (48).

 

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

IMP:    Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

            10.55.605 CATEGORIES OF ACCREDITATION (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 which may be found at: http://opi.mt.gov/Portals/182/Page%20Files/School%20Accreditation/Standards%20of%20Accreditation/Appendix%20Files/B/APPENDIX%20B.pdf.

            (2)  Regular accreditation with Minor Deviation(s) accreditation means the school does not meet all the requirements and standards required of Regular accreditation outlined in (1) and delineated in the Accreditation Status Criteria Reference Guide, a copy of which may be found at:  http://opi.mt.gov/Portals/182/Page%20Files/School%20Accreditation/Standards%20of%20Accreditation/Appendix%20Files/A/Accreditation%20Status%20Criteria%20Reference%20Guide%203.17.pdf.

            (3)  A school with Regular accreditation with a level 2 deviation(s) in student performance standards, as defined in ARM 10.55.606(6), or Regular accreditation with Minor Deviations accreditation at level 2 in either assurance or student performance standards, as defined in ARM 10.55.606(7), shall remedy all the deviations within three years or will be reassigned to a lower category of accreditation.

            (4)  Accreditation with Advice accreditation means the school exhibits serious and/or numerous deviations from the standards.

            (5)  Accreditation with Deficiency accreditation means that the school is on 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 on 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 will shall be immediately accredited placed with 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 with 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, a copy of which may be found at:  http://opi.mt.gov/Portals/182/Page%20Files/School%20Accreditation/Standards%20of%20Accreditation/Appendix%20Files/A/Accreditation%20Status%20Criteria%20Reference%20Guide%203.17.pdf.

            (9)  Nonaccredited status means that a school on 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.

 

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

IMP:    Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA

 

            10.55.606 ACCREDITATION PROCESS (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 1.55.607 10.55.607;

            (b)  Subchapter 7, School Leadership, ARM 10.55.701 through 10.55.719;

            (c)  Subchapter 8, Academic Requirements, ARM 10.55.801 through 10.55.805;

            (d)  Subchapter 9, Educational Opportunity ARM 10.55.901 through 10.55.910; and

            (e)  Subchapter 10, Program Area Standards, ARM 10.55.1001 through 10.55.1003.

            (3)  Student performance standards are comprised of student performance measures for each grade as follows: 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 (BPE).

            (a)  Math and reading average scale score range for all students grades 3-8 and 10 and science average scale score range for all students grades 4, 8, and 10:

            (i) Level 1 = 300-250;

            (ii) Level 2 = 249-220;

            (iii) Level 3 = 219-210;

            (iv) Level 4 = 209-200; and

            (b) For high schools, graduate rate range:

            (i) Level 1 = 100.0%-75.0%;

            (ii) Level 2 = 74.9%-60.0%;

            (iii) Level 3 = 59.9%-55.0%;

            (iv) Level 4 = 54.9%-0.0%.

            (a)  BPE 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 BPE modifications to the student performance standards after consultation with representative stakeholders.

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

            (5)  There shall be four levels for Categories of assurance standards and student performance standards shall be used to determine accreditation status, as described in the Accreditation Status Criteria Reference Guide, a copy of which may be found at: http://www.opi.mt.gov/pdf/Accred/Ch55/Appendices.pdf. The highest level is 1 and the lowest level is 4.

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

            (a)  level 1 for all Regular status for assurance standards and level 1 or 2 Regular status for student performance standards; or

            (b)  level 1 or 2 Regular status for all assurance standards and level 1 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 classified as regularly accredited with designated Regular with Minor Deviation status by using the combined results of the both assurance standards and student performance standards with level 2 in any category in both sets of standards Regular with Minor Deviation status, or as stated in ARM 10.55.605.

            (8)  A school shall be classified as accredited with designated in Advice status by using the combined results of the assurance standards and student performance standards with level 3 in any category in either set of standards, or as stated in ARM 10.55.605.

            (9)  A school shall be classified as accredited designated with Deficiency status by using the combined results of the assurance standards and student performance standards with level 4 in any category in Deficiency in either set of standards, or as stated in ARM 10.55.605.

 

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

IMP:    Mont. Const. Art. X, sec. 9, 20-2-121, MCA

 

            4. REASON: Using the negotiated rulemaking process involving independent stakeholder groups, Superintendent of Public Instruction Elsie Arntzen developed recommendations for the revision of ARM 10.55.606 Accreditation Process to reflect the 2019 changes in statewide assessment pursuant to student assessment ARM 10.56.101. Coordination of the proposed rule changes of ARM 10.55.606 require amendments to ARM 10.55.602 Definitions and ARM 10.55.605 Categories of Accreditation.

 

The Board of Public Education has determined it is reasonable and necessary to adopt and amend rules relating to the accreditation process pursuant to ARM 10.55.606 to stay consistent with the 2019 changes of ARM 10.56.101 and to coordinate with ARM 10.55.602 and 10.55.605.

 

            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: Pete Donovan, Executive Director, Board of Public Education, 46 N. Last Chance Gulch, Suite 2B, P.O. Box 200601, Helena, Montana, 59620-0601; telephone (406) 444-0300; fax (406) 444-0847; or e-mail pdonovan@mt.gov, and must be received no later than 5:00 p.m., August 26, 2019.

 

            6. Pete Donovan, Executive Director, 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 this agency. 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 2 above or may be made by completing a request form at any rules hearing held by the board.

 

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

 

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

 

 

/s/ Pete Donovan                                        /s/ Darlene Schottle            

Pete Donovan                                             Darlene Schottle

Rule Reviewer                                            Chair

                                                                    Board of Public Education

           

Certified to the Secretary of State July 16, 2019.