Montana Code 20-11-107. Authorizers
20-11-107. Authorizers. (1) The state community choice school commission created under 20-11-106 may authorize choice schools in the state. The commission shall perform the functions of choice school authorizers under this part.
Terms Used In Montana Code 20-11-107
- Authorizer: means the commission or a local school board approved as an authorizer by the commission. See Montana Code 20-11-103
- choice school: means a public school that:
(a)has autonomy over decisions, including but not limited to matters concerning finance, board governance, personnel, scheduling, curriculum, and instruction;
(b)is governed by a governing board;
(c)is established and operated under the terms of a charter contract between the school's governing board and its authorizer;
(d)is a school in which parents choose to enroll their children;
(e)is a school that admits students based on capacity and then 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 oversight of its authorizer in accordance with its charter contract; and
(i)establishes graduation requirements and has authority to award degrees and issue diplomas. See Montana Code 20-11-103
- Commission: means the community choice school commission provided for in 20-11-106. See Montana Code 20-11-103
- 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
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Local school board: means a traditional school district board of trustees exercising management and control over a traditional local school district pursuant to the laws of the state. See Montana Code 20-11-103
- Oversight: Committee review of the activities of a Federal agency or program.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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
(2)(a) A local school board may apply to the commission for authorizing authority within the boundaries of the traditional school district overseen by the local school board.
(b)If the commission determines that the local school board fulfills the requirements of an authorizer, the commission shall, within 60 days of receipt of a local school board’s application, approve the local school board as an authorizer.
(c)On approval, the commission shall register the local school board and shall provide the local school board with a letter confirming its approval as an authorizer.
(3)(a) The commission shall establish the annual application and approval process, including cycles and deadlines during the fiscal year, for local school boards to apply for authorizing authority as set forth in this section.
(b)By March 1 of each year, the commission shall make available information and guidelines for local school boards concerning the opportunity to apply for authorizing authority under this part.
(c)Each interested local school board shall submit an application that clearly explains or presents the following elements in a format to be established by the commission:
(i)written notification of intent to serve as a choice school authorizer in accordance with this part;
(ii)an explanation of the local school board’s strategic vision for authorizing;
(iii)a plan supporting the local school board’s strategic vision and an explanation of the local school board’s budget and personnel capacity and commitment to execute the duties of choice school authorizing in accordance with this part;
(iv)a draft or preliminary outline of a request for proposal that will solicit choice school applicants in accordance with 20-11-111;
(v)a description or outline of the performance framework the local school board will use to guide the establishment of a charter contract and for ongoing oversight and evaluation of choice schools consistent with the requirements of this part;
(vi)a draft of the local school board’s renewal, revocation, nonrenewal, and school closure processes consistent with 20-11-117 and 20-11-118;
(vii)a statement of assurance that the local school board commits to serving as a choice school authorizer in fulfillment of the expectations, spirit, and intent of this part and will fully participate in any authorizer training provided or required by the commission; and
(viii)a statement of assurance that the local school board will be accountable and transparent in all matters concerning authorizing practices, decisions, and expenditures.
(4)(a) Within 60 days of receipt of the application, the commission shall determine whether to approve an application based on a review of the documentation provided in [subsection (3)] and the quality of the application. The commission shall provide a letter to the local school board either confirming or denying acceptance as an authorizer.
(b)Within 30 days of approval of an application for choice school authorizing, the commission and the approved authorizer shall execute a renewable authorizing contract. The initial authorizing contract term is 6 years.
(5)A local school board may not engage in authorizing functions without a fully executed authorizing contract.
(6)When approved by the commission, the local school board continues as an authorizer from year to year during the term of the contract as long as the local school board fulfills all authorizing duties and expectations set forth in this part and remains an authorizer in good standing with the commission.