Montana Code 20-11-116. Enrollment
20-11-116. Enrollment. (1) (a) A community choice school must be open to any student residing in the state.
Terms Used In Montana Code 20-11-116
- 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
- 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 an independent volunteer board of trustees of a community choice school that is a party to the charter contract with the authorizer. See Montana Code 20-11-103
- 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
- Student: means a child who is eligible for attendance in a public school in the state. See Montana Code 20-11-103
- Traditional public school: means a traditional public school that is under the direct management, governance, and control of a local school board or the state. See Montana Code 20-11-103
(b)A school district may not require a student enrolled in the school district to attend a choice school.
(c)A choice school may limit admission to students within a given age group or grade level.
(d)A choice school may be organized for a special emphasis, theme, or concept as stated in the school’s proposal.
(e)A choice school shall enroll all students who wish to attend the school unless the number of students exceeds the capacity of a program, class, grade level, or building.
(f)If capacity is insufficient to enroll all students who wish to attend the school, the choice school shall select students through a lottery.
(2)A traditional public school converting to a choice school shall adopt and maintain a policy giving enrollment preference to students who reside within the former attendance area of that public school.
(3)(a) A choice school shall give enrollment preference to students who were enrolled in the choice school the previous school year and to siblings of students already enrolled in the choice school. An enrollment preference for returning students and siblings excludes those students from entering a lottery.
(b)A choice school may give enrollment preference to children of a choice school’s employees and governing board, limited to no more than 10% of the school’s total student population.
(4)This section does not preclude the formation of a community choice school for the purpose of serving students with disabilities, students of the same gender, students who pose a sufficiently severe disciplinary problem to warrant a specific educational program, or students who are at risk of academic failure. If capacity is insufficient to enroll all students who wish to attend a school, the choice school shall select students through a lottery.
(5)If a student who was previously enrolled in a choice school enrolls in any other public school in this state, the student’s new school shall accept credits earned by the student in courses or instructional programs at the choice school.
(6)A traditional school district shall provide or publicize to parents and the general public information about choice schools as an enrollment option within the district’s physical, geographical boundaries to the same extent and through the same means that the district provides and publicizes information about traditional public schools in the district.
(7)An authorizer may not restrict the number of students a choice school may enroll. The capacity of the choice school must be determined annually by its governing board in conjunction with the authorizer and in consideration of the choice school’s ability to facilitate the academic success of its students, to achieve the objectives specified in the charter contract, and to ensure that its student enrollment does not exceed the capacity of its facility or site.
(8)If the choice school is the only public school in a town, the choice school must give preference to enrolling pupils residing in the town or within 5 miles of the school if the next closest public school is more than 10 miles away from the student’s residence.