Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                             HB 458.1
                                                HOUSE BILL NO. 458
      INTRODUCED BY F. ANDERSON, E. MCCLAFFERTY, E. BUTCHER, J. KASSMIER, K. SULLIVAN, B.
                             MITCHELL, S. KERNS, S. GIST, G. NIKOLAKAKOS, G. KMETZ
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO CAREER COACHES;
  PROVIDING A DEFINITION OF "CAREER COACH"; PROVIDING FOR DUTIES AND QUALIFICATIONS FOR
  A CAREER COACH; AND AMENDING SECTION 20-1-101, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.         Career coaching for career technical education and K-12 career and
  vocational/technical education -- duties -- qualifications for certification. (1) A high school district may
  utilize a career coach for educational and career counseling opportunities for students.
          (2)      A career coach may offer opportunities for internships or apprenticeships within a community
  and assist students with high school course offerings, career options, occupational training, and postsecondary
  opportunities associated with the student's field of interest within the career technical education and K-12
  career and vocational/technical education programs provided for in Title 20, chapter 7, part 3.
          (3)      To be eligible for certification as a career coach, a person must have:
          (a)      a bachelor's degree or a class 4 vocational, recreational, or adult education certificate in
  accordance with 20-4-106;
          (b)      an associate degree and have completed a minimum of 5,000 hours of documented, relevant
  work experience with recognized credentials, which may include apprenticeship training; or
          (c)      a high school diploma or high school equivalency diploma and have completed a minimum of
  10,000 hours of documented, relevant work experience with recognized credentials, which may include
  apprenticeship training.
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          Section 2. Section 20-1-101, MCA, is amended to read:
          "20-1-101.   Definitions. As used in this title, unless the context clearly indicates otherwise, the
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68th Legislature 2023                                                                                              HB 458.1
  following definitions apply:
              (1)      "Accreditation standards" means the body of administrative rules governing standards such as:
              (a)      school leadership;
              (b)      educational opportunity;
              (c)      academic requirements;
              (d)      program area standards;
              (e)      content and performance standards;
              (f)      school facilities and records;
              (g)      student assessment; and
              (h)      general provisions.
              (2)      "Aggregate hours" means the hours of pupil instruction for which a school course or program is
  offered or for which a pupil is enrolled.
              (3)      "Agricultural experiment station" means the agricultural experiment station established at
  Montana state university-Bozeman.
              (4)      "At-risk student" means any student who is affected by environmental conditions that negatively
  impact the student's educational performance or threaten a student's likelihood of promotion or graduation.
              (5)      "Average number belonging" or "ANB" means the average number of regularly enrolled, full-
  time pupils physically attending or receiving educational services at an offsite instructional setting from the
  public schools of a district.
              (6)      "Board of public education" means the board created by Article X, section 9, subsection (3), of
  the Montana constitution and 2-15-1507.
              (7)      "Board of regents" means the board of regents of higher education created by Article X, section
  9, subsection (2), of the Montana constitution and 2-15-1505.
              (8)      "Career coach" means a person who holds a valid certification pursuant to [section 1] that has
  been issued by the superintendent of public instruction under the provisions of Title 20 to provide career
  technical education or K-12 career and vocational/technical education postsecondary options to pupils in a
  district.
              (8)(9)   "Commissioner" means the commissioner of higher education created by Article X, section 9,
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68th Legislature 2023                                                                                                HB 458.1
  subsection (2), of the Montana constitution and 2-15-1506.
            (9)(10) "County superintendent" means the county government official who is the school officer of the
  county.
            (10)(11) "District superintendent" means a person who holds a valid class 3 Montana teacher
  certificate with a superintendent's endorsement that has been issued by the superintendent of public instruction
  under the provisions of this title and the policies adopted by the board of public education and who has been
  employed by a district as a district superintendent.
            (11)(12) (a) "Educational program" means a set of educational offerings designed to meet the program
  area standards contained in the accreditation standards.
            (b)     The term does not include an educational program or programs used in 20-4-121 and 20-25-
  803.
            (12)(13) "K-12 career and vocational/technical education" means organized educational activities that
  have been approved by the office of public instruction and that:
            (a)     offer a sequence of courses that provide a pupil with the academic and technical knowledge
  and skills that the pupil needs to prepare for further education and for careers in the current or emerging
  employment sectors; and
            (b)     include competency-based applied learning through advanced opportunities, work-based
  learning partnerships, and other experiential learning opportunities that contribute to the academic knowledge,
  higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills,
  and occupation-specific skills of the pupil.
            (13)(14) (a) "Minimum aggregate hours" means the minimum hours of pupil instruction that must be
  conducted during the school fiscal year in accordance with 20-1-301 and includes passing time between
  classes and, in an offsite instructional setting, includes time spent logging on and off an offsite learning
  platform.
            (b)     The term does not include lunch time and periods of unstructured recess.
            (14)(15) "Offsite instructional setting" means an instructional setting at a location, separate from a main
  school site, where a school district provides for instruction to a student who is enrolled in the district.
            (15)(16) "Principal" means a person who holds a valid class 3 Montana teacher certificate with an
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68th Legislature 2023                                                                                              HB 458.1
  applicable principal's endorsement that has been issued by the superintendent of public instruction under the
  provisions of this title and the policies adopted by the board of public education and who has been employed by
  a district as a principal. For the purposes of this title, any reference to a teacher must be construed as including
  a principal.
           (16)(17) "Pupil" means an individual who is admitted by the board of trustees pursuant to 20-5-101 and
  who is enrolled in a school established and maintained under the laws of the state at public expense. The
  eligibility of pupils and calculations for average number belonging are governed by 20-9-311.
           (17)(18) "Pupil instruction" means the conduct of organized learning opportunities for pupils enrolled in
  public schools while under the supervision of a teacher. The term includes any directed, distributive,
  collaborative, or work-based or other experiential learning activity provided, supervised, guided, facilitated, or
  coordinated under the supervision of a teacher that is conducted purposely to achieve content proficiency and
  facilitate the acquisition of knowledge, skills, and abilities by pupils enrolled in public schools, and to otherwise
  fulfill their full educational potential.
           (18)(19) "Qualified and effective teacher or administrator" means an educator who is licensed and
  endorsed in the areas in which the educator teaches, specializes, or serves in an administrative capacity as
  established by the board of public education.
           (19)(20) "Regents" means the board of regents of higher education.
           (20)(21) "Regular school election" or "trustee election" means the election for school board members
  held on the day established in 20-20-105(1).
           (21)(22) "School election" means a regular school election or any election conducted by a district or
  community college district for authorizing taxation, authorizing the issuance of bonds by an elementary, high
  school, or K-12 district, or accepting or rejecting any proposition that may be presented to the electorate for
  decision in accordance with the provisions of this title.
           (22)(23) "School food services" means a service of providing food for the pupils of a district on a
  nonprofit basis and includes any food service financially assisted through funds or commodities provided by the
  United States government.
           (23)(24) "Special school election" means an election held on a day other than the day of the regular
  school election, primary election, or general election.
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68th Legislature 2023                                                                                              HB 458.1
             (24)(25) "State board of education" means the board composed of the board of public education and
  the board of regents as specified in Article X, section 9, subsection (1), of the Montana constitution.
             (25)(26) "State university" means Montana state university-Bozeman.
             (26)(27) "Student with limited English proficiency" means any student:
             (a)     (i) who was not born in the United States or whose native language is a language other than
  English;
             (ii)    who is an American Indian and who comes from an environment in which a language other
  than English has had a significant impact on the individual's level of English proficiency; or
             (iii)   who is migratory, whose native language is a language other than English, and who comes
  from an environment in which a language other than English is dominant; and
             (b)     whose difficulties in speaking, reading, writing, or understanding the English language may be
  sufficient to deny the student:
             (i)     the ability to meet the state's proficiency assessments;
             (ii)    the ability to successfully achieve in classrooms in which the language of instruction is English;
  or
             (iii)   the opportunity to participate fully in society.
             (27)(28) "Superintendent of public instruction" means that state government official designated as a
  member of the executive branch by the Montana constitution.
             (28)(29) "System" means the Montana university system.
             (29)(30) "Teacher" means a person, except a district superintendent, who holds a valid Montana
  teacher certificate that has been issued by the superintendent of public instruction under the provisions of this
  title and the policies adopted by the board of public education and who is employed by a district as a member of
  its instructional, supervisory, or administrative staff. This definition of a teacher includes a person for whom an
  emergency authorization of employment has been issued under the provisions of 20-4-111.
             (30)(31) "Textbook" means a book, digital resource, or manual used as a principal source of study
  material for a given class or group of students.
             (31)(32) "Textbook dealer" means a party, company, corporation, or other organization selling, offering
  to sell, or offering for adoption textbooks to districts in the state.
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68th Legislature 2023                                                                                                HB 458.1
          (32)(33) "Trustees" means the governing board of a district.
          (33)(34) "University" means the university of Montana-Missoula.
          (34)(35) "Vocational-technical education" means vocational-technical education of vocational-technical
  students that is conducted by a unit of the Montana university system, a community college, or a tribally
  controlled community college, as designated by the board of regents."
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          NEW SECTION. Section 3.          Codification instruction. [Section 1] is intended to be codified as an
  integral part of Title 20, chapter 7, part 3, and the provisions of Title 20, chapter 7, part 3, apply to [section 1].
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Statutes affected: 
HB0458_1.pdf: 20-1-101
HB0458_3.pdf: 20-1-101
Introduced: 20-1-101