Montana Code 20-7-403. Duties of superintendent of public instruction
20-7-403. Duties of superintendent of public instruction. The superintendent of public instruction shall supervise and coordinate the conduct of special education in the state by:
Terms Used In Montana Code 20-7-403
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board of public education: means the board created by Article X, section 9, subsection (3), of the Montana constitution and 2-15-1507. See Montana Code 20-1-101
- district: means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. See Montana Code 20-6-101
- Educational program: means a set of educational offerings designed to meet the program area standards contained in the accreditation standards. See Montana Code 20-1-101
- school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Superintendent of public instruction: means that state government official designated as a member of the executive branch by the Montana constitution. See Montana Code 20-1-101
- Trustees: means the governing board of a district. See Montana Code 20-1-101
(1)recommending to the board of public education adoption of those policies necessary to establish a planned and coordinated program of special education in the state;
(2)administering the policies adopted by the board of public education;
(3)certifying special education teachers on the basis of the special qualifications for the teachers as prescribed by the board of public education;
(4)establishing procedures to be used by school district personnel in identifying a child with a disability;
(5)preparing appropriate technical assistance documents to assist local districts in implementing special education policies and procedures;
(6)seeking for local districts appropriate interdisciplinary assistance from public and private agencies in identifying the special education needs of children, in planning programs, and in admitting and discharging children from those programs;
(7)assisting local school districts, institutions, and other agencies in developing full-service programs for a child with a disability;
(8)providing technical assistance to district superintendents, principals, teachers, and trustees;
(9)conducting conferences, offering advice, and otherwise cooperating with parents and other interested persons;
(10)ensuring appropriate training and instructional material for persons appointed as surrogate parents that outlines their duties toward the child, limitations on what they may do for the child, duties in relation to the child’s records, sources of assistance available to the surrogate parent, and the need to seek competent legal assistance in implementing hearing or appeal procedures;
(11)ensuring that the requirements of the Individuals With Disabilities Education Act are met and that each educational program for a child with a disability, including a homeless child with a disability, administered within the state, including each program administered by any other agency, is under the general supervision of the superintendent of public instruction, meets the education standards of the board of public education, and meets the requirements of the superintendent of public instruction, reserving to the other agencies and political subdivisions their full responsibilities for other aspects of the care of children needing special education or for providing or paying for some or all of the costs of a free appropriate public education to a child with a disability within the state;
(12)contracting for the delivery of audiological services to those children allowed by Montana law in accordance with policies of the board of public education; and
(13)contracting, pursuant to 20-7-435, for the provision of appropriate educational opportunity for a child receiving in-state inpatient treatment at a qualifying facility, including the provision of a free appropriate public education for a child with a disability.