Administrative Rules of Montana
Department 10 - EDUCATION
Chapter 10.65 - HOURS AND DAYS OF INSTRUCTION
Subchapter 10.65.3 - Compulsory School Attendance
Rule 10.65.303 - PROCEDURES FOR COUNTY SUPERINTENDENT

(1) The county superintendent as an elected local school official must meet certain teaching and administrative qualifications in school matters. The county superintendent has general supervision of the schools of his county and is responsible to perform any duty prescribed by the Board of Public Education.

(2) The Office of Public Instruction will provide technical assistance to all county superintendents, upon their request, so they in turn can perform the mandates of this policy.

(3) The governing authority of a private institution may request the attendance officer to contact the county superintendent for a determination of whether a private institution is providing a basic instructional program.

(4) The county superintendent upon request by the attendance officer, shall contact the governing authority of the private institution and determine annually whether the children within his county who are attending a private institution are receiving a basic instructional program as set forth by the Board of Public Education.

(5) If the county superintendent determines that the private institution is providing a basic instructional program as prescribed, the county superintendent shall notify the attendance officer that the private institution is providing the basic instructional program to the children of that institution and is therefore in compliance with the compulsory attendance law.

(6) Should the county superintendent determine that the children attending a private institution are not receiving a basic instructional program, he shall specify the deficiency(ies) to the governing authority of the institution and may allow the latter a reasonable probationary period of up to six months in which to correct the deficiency(ies), after which probationary period he shall report the same to the local attendance officer who then, if necessary shall pursue the remedies provided by law to assure that proper compulsory attendance at an institution with at least the basic instructional program is provided.

(7) The governing authority of a private institution which is found by the county superintendent not to provide a basic instructional program may appeal the county superintendent's decision to the Board of Public Education and the board shall apply the Administrative Procedure Act in this appeal.