Montana Code 20-6-811. Public charter school operation and autonomy
20-6-811. Public charter school operation and autonomy. (1) (a) A public charter school must be a public education organization.
Terms Used In Montana Code 20-6-811
- Applicant: means a group of residents of the located school district or county of the located school district or the local school board of the located school district that submits a proposal for a public charter school to the board of public education. See Montana Code 20-6-803
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Board of public education: means the board created by Article X, section 9(3), of the Montana constitution and 2-15-1507. See Montana Code 20-6-803
- Charter contract: means a fixed-term, renewable contract between a governing board of a public charter school and the board of public education that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See Montana Code 20-6-803
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Governing board: means the elected board of trustees of a public charter school district exercising supervision and control over a charter school or the local school board that is a party to the charter contract with the board of public education and that exercises supervision and control over a charter school pursuant to the charter contract. See Montana Code 20-6-803
- Local school board: means a preexisting board of trustees exercising supervision and control of the schools and programs of a local school district pursuant to Article X, section 8, of the Montana constitution and the laws of the state of Montana. See Montana Code 20-6-803
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Public charter school: means a public school that:
(a)has autonomy over decisions including but not limited to matters concerning finance, personnel, scheduling, curriculum, and instruction as defined in a charter contract;
(b)is governed by a local school board or, in the case of a governing board other than a local school board, by the governing board of the charter school district of which the charter school is a part;
(c)is established and operated under the terms of a charter contract;
(d)allows parents choose to enroll their children;
(e)admits students on the basis of a lottery if more students apply for admission than can be accommodated;
(f)provides a program of education that may include any or all grades from kindergarten through grade 12 and vocational education programs;
(g)operates in pursuit of a specific set of educational objectives as defined in its charter contract;
(h)operates under the general supervision of the board of public education in accordance with its charter contract; and
(i)if the school is a high school, establishes graduation requirements and has authority to award degrees and issue diplomas. See Montana Code 20-6-803
- 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
(b)A public charter school is subject to all federal laws and authorities as provided in this part or arranged by charter contract with the board of public education consistent with applicable laws, rules, and regulations.
(c)Except as provided in this part and in the public charter school’s charter contract, a public charter school is subject to the provisions of Title 20 and any state or local rule, regulation, policy, or procedure relating to noncharter public schools within the located school district.
(d)A single governing board may hold one or more charter contracts. A charter contract may consist of one or more schools, to the extent approved by the board of public education and consistent with applicable law. Each public charter school that is part of a charter school district must be under the supervision and control of the governing board of the charter school district.
(2)A public charter school district or public charter school may not be created within the geographical boundaries of a third-class elementary district, as defined in 20-6-201, or a third-class high school district, as defined in 20-6-301, unless the applicant is the local school board.
(3)The governing board of a public charter school shall function as a local educational agency. A public charter school is responsible for meeting the requirements of a local educational agency under applicable federal, state, and local laws, including those relating to special education.
(4)The governing board of a public charter school is responsible for special education at the school, including identification and service provisions, and is responsible for meeting the needs of enrolled students with disabilities.
(5)The governing board of a public charter school district has all the powers necessary for carrying out the terms of its charter contract, including the following powers:
(a)to receive and disburse funds for school purposes;
(b)to secure appropriate insurance and to enter into contracts and leases, free from prevailing wage laws;
(c)to incur debt in reasonable anticipation of the receipt of public or private funds;
(d)to pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit;
(e)to solicit and accept gifts or grants for school purposes subject to applicable laws and the terms of its charter contract;
(f)to acquire real property, for use as its facility or facilities, from public or private sources; and
(g)to sue and be sued in its own name.
(6)(a) A public charter school may not engage in any sectarian practices in its educational program, admissions policies, employment policies or practices, or operations.
(b)The powers, obligations, and responsibilities set forth in the charter contract may not be delegated or assigned by either party except as otherwise specifically provided in this part.
(7)(a) A public charter school is subject to the same civil rights, health, and safety requirements applicable to other public schools in the state except as otherwise specifically provided in this part.
(b)The governing board shall establish graduation requirements and may award degrees and issue diplomas.
(c)A governing board is subject to and shall comply with state open meeting and public records laws pursuant to Title 2, chapters 3 and 6.
(d)A public charter school shall establish purchasing procedures that include a competitive bidding process for purchases or contracts exceeding $80,000.
(8)(a) Employees in public charter schools have the same rights and privileges as other public school employees except as otherwise provided in this part.
(b)Teachers and other school personnel, as well as governing board members, are subject to criminal history record checks and fingerprinting requirements.
(c)Public charter school employees may not be required to be members of any existing collective bargaining agreement between a school district and its employees. However, a public charter school may not interfere with laws and other applicable rules protecting the rights of employees to organize and to be free from discrimination.