educational agency in which a student with disabilities resides is responsible
for ensuring the student with disabilities, age 3 through 18, beginning on the
student's third birthday, including students with disabilities who have been
suspended or expelled from school, has available a free appropriate public
education in accordance with the Individuals with Disabilities Education Act
USC, sections 1401
) and its
implementing regulations (34 CFR, part 300
), the Montana statutes pertaining to
special education (Title 20, chapter 7, part 4, MCA) and the administrative
rules promulgated by the Superintendent of Public Instruction governing special
education (ARM Title 10, chapter 16) unless the parent has refused initial
consent for services or has revoked such consent. If the student's third
birthday occurs in the summer, the individualized education program (IEP) team
shall decide whether the student is to receive extended school year services
during the summer. The local educational agency shall participate in transition
planning conferences arranged by the early intervention provider agency.
(2) For the purposes of this rule,
"resides" means a student's residence as defined in
(3) When the local
educational agency provides education to students ages 19, 20, or 21, students
of the same age with disabilities will be provided a free appropriate public
education in accordance with IDEA.
(4) The local educational agency shall
implement procedures for students with disabilities in private elementary and
secondary schools and consistent with the requirements of 34 CFR 130 through
148 and state administrative rules.
The local educational agency may not
require parents to obtain a prescription for substances identified under
schedules I, II, III, IV, or V in section 202c of the Controlled Substances Act
c) for a child as a condition to
attending school, receiving an evaluation under
34 CFR 300.300
or receiving special education and related services in accordance with the
requirements of the Individuals with Disabilities Education Act.
The local educational agency must conduct
routine checking of hearing aids in accordance with the requirements of
(7) The local educational agency must take
all reasonable steps to provide instructional materials in accessible formats
to students with disabilities who need those instructional materials at the
same time as other children receive instructional materials.
(8) Local educational agencies must take
measurable steps to recruit, hire, train, and retain qualified personnel,
including individuals with disabilities, to provide special education and
related services to students with disabilities.
Mont. Admin. R.
NEW, 1993 MAR p. 1913,
Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p.
678, Eff. 5/25/07; AMD, 2010 MAR p. 1076, Eff. 4/30/10; AMD,
MAR p. 2257, Eff.