Chapter 55 Negotiated Rule Making Completes Their Review of Superintendent Rule Recommendation

• Brian O'Leary
• June 17 2022

HELENA – Superintendent Elsie Arntzen announced that the Chapter 55 accreditation standards of school quality Negotiated Rulemaking Committee (NRC) reached consensus on more recommendations. After two days of in-person negotiations at the Capitol, consensus was reached on 30 rules. The tone of the meetings has been respectful and authentic while reaching consensus. The purpose of negotiation is to strengthen successful outcomes of student learning.

“This rulemaking committee is reaching consensus through a transparent process,” said Superintendent Elsie Arntzen. “This process is shifting the focus of our accreditation standards to student-centered educational excellence. I’m appreciative of the members’ commitment to discuss change for quality education in Montana.”

On June 16 and 17, 2022, the NRC reached consensus on 30 additional accreditation rules:

Subchapter 6 – General Provisions

• ARM 10.55.601 – Accreditation Standards Procedures implementing a learning-centered focus in the Standards.

Subchapter 7 – School Leadership

• ARM 10.55.701-Board of Trustees focused on reducing the types of required policies for measuring quality to 4 categories, keeping in mind that all districts are required to comply with local, state and federal laws and regulations often done through policies.
• ARM 10.55.702 – Licensure of a District Superintendent simply included alignment of internships to the licensure rules
• ARM 10.55.703 – Licensure and Duties of School Principals included alignment of internships to licensure rules and included additional elements of instructional leadership
• ARM 10.55.706 – Teacher Involvement included multiple measures of student growth along with engaging and highly effective instruction to all students
• ARM 10.55.707- Teacher & Specialist Licensure includes alignment of internships to the licensure rules.
• ARM 10.55.708-Teaching Assignments include alignment of internships to the licensure rules.
• ARM 10.55.711-General Class Size and Teacher Load – eliminates no minimum class size requirement
• ARM 10.55.712-Class Size – Elementary included two changes: The district must provide additional human resources when exceeding class sizes.  An overload of more than five students is considered excessive.
• ARM 10.55.713- HS/JH/MS and Grades 7-8 Class Size – No recommended changes
• ARM 10.55.714-Professional Development was updated to include elements necessary for effective professional development for educators
• ARM 10.55.716-Substitute Teachers – removal of two sections that are no longer allowed due to DOJ rule changes.
• ARM 10.55.717-Assignment of Persons Providing Instruction to Braille Students – included revision around the supervision of non-certified paraprofessionals.
• ARM 10.55.718 - Assignment of Persons Providing Instruction to Sign Language to Students – No recommended changes.
• ARM 10.55.722- Family and Community Engagement is a new rule providing more robust elements for effective family and community engagement.
• ARM 10.55.723-Mentorship & Induction for new educators are required by all districts
• ARM 10.55.724- Evaluation is a new rule requiring trustees to ensure written evaluations of all regularly employed personnel

Subchapter 8 – Educational Opportunity

• ARM 10.55.803-Learner Access is a rule ensuring each learner has access to key elements that build effective student learning
• ARM 10.55.806 – English Language Learners – NEW RULE highlighting the educational services necessary for language learners.

Subchapter 9 – Academic Requirements

• ARM 10.55.901-Basic Education Program: Elementary – reviewed due to the addition of grade band learning progressions and the unique cultural heritage of American Indians.
• ARM 10.55.902- MS Basic Education consensus was reached regarding electives and exploratory for middle school by taking the electives/exploratory language into the recommendation with offerings at the discretion of the local board of trustees.
• ARM 10.55.906-High School Credit changes made to align to HS Graduation requirements language
• ARM 10.55.907-Distance, Online and Technology-Delivered Learning added grade-band learning progressions and removed references to dates providing flexibility in establishing reporting deadlines

Subchapter 10 – Program Area Standards

• ARM 10.55.1001 – Program Standards added grade-band learning progressions
• ARM 10.55.1003-Program Foundation Standards added grade-band learning progressions

Subchapter 11 – Communication Arts: Program

• ARM 10.55.1101- English Language Arts and Literacy Program Standards included an aligned name change to content standards and updating to the new ELA content standards

Subchapter 13 – Health Enhancement: Program

• ARM 10.55.1301- Health and Physical Education Program Delivery Standards is a new name change, and the addition of providing participation for all students was done in order to repeal ARM 10.55.1302 – Health Enhancement Participation - addition of providing participation for all students in 1301 allows the repeal of this rule

Subchapter 17 – Vocational/Practical Arts: Program

• ARM 10.55.1701- Career and Technical Education Program Delivery Standards is a name change and includes the addition of employability skills as a key part of these standards

Subchapter 19 – School Counseling: Program

• ARM 10.55.1901-School Counseling Program Delivery Standards include updates that reflect the national school counselor’s association success standards for students

Subchapter 21 – World Languages: Program

• ARM 10.55.2101-World Languages Program Delivery Standards were updated to include gaining an understanding of cultural perspectives.

The four rules related to ratio changes do not yet have consensus:

• ARM 10.55.704 Superintendents
• ARM 10.55.705 Principals
• ARM 10.55.709 Librarians
• ARM 10.55.710 Counselors

The NRC has been working since February 24, 2022, when the process and rules were reviewed.

The next meetings will be held in zoom on June 23 and 28. The committee requested a full-day in-person session on June 30.

The committee reviewed the economic impact survey frame and questions to be released on June 20 to school leaders, trustees, teachers, parents, and community members. The survey will close on July 5. An economic impact statement will be created using the survey. As part of the rulemaking process, an economic impact statement is required through §2-4-405, MCA.

The Chapter 55 recommendations will flow to the Board of Public Education.

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