Current through Register Vol. 18, September 20, 2024
(1) On
the basis of a preliminary notification from the superintendent of public
instruction that a district has failed to submit required reports or budgets or
has failed to maintain accredited status and has been designated as on
deficiency status, the board of public education shall make a preliminary
determination of whether or not a substantial reason exists to order the
superintendent of public instruction to withhold distribution of state
equalization aid or to order the county superintendent to withhold county
equalization money from a district.
(a) If
the board determines that no substantial reason exists to withhold funds, the
matter is ended.
(b) If the board
determines that there is a substantial reason to withhold funds, the board
shall provide notice by certified mail of the pending action to the district.
Such notice shall include:
(i) a statement of
the time, place and nature of the hearing;
(ii) a statement of the legal authority and
jurisdiction under which the hearing is to be held;
(iii) a reference to the particular sections
of the statutes and the rules involved;
(iv) a statement of the matters
asserted;
(v) a designation of who
will hear the allegation;
(vi) a
provision advising parties of their right to be represented by counsel at the
hearing.
(c) The notice
shall advise the district that it has the right to contest the proposed action
of the board, and that it may do so by appearing at the hearing either through
a representative of the school district or through counsel or by requesting the
board to consider the matter on the basis of the available information without
an appearance by a representative of the district.
(d) The board shall enclose with the notice
an election form on which the district shall be asked to indicate whether it
intends to appear at the hearing and contest the board's proposed action,
contest the board's proposed action without appearing at the hearing, or accept
the proposed withholding of funds without contesting it. The notice shall
require the district to return the election form within twenty (20) days of the
date on which the notice was mailed, and shall inform the district that failure
to return the form in a timely manner will result in the withholding of funds
by default.
(e) If the district
does not return the completed election form within twenty (20) days or elects
to accept the proposed withholding of funds without contesting it, the board
shall order the equalization funds withheld at its next meeting.
(f) If the district elects to contest the
proposed withholding of funds and complies with subsection (1) (d) of this
rule, the board shall conduct a hearing.
Sec.
20-2-114,
20-2-121,
20-9-344,
20-9-346,
MCA; IMP, Sec.
20-9-344,
20-9-346,
MCA;
