Montana Code 20-6-808. Enrollment
20-6-808. Enrollment. (1) (a) A public charter school must be open to any student residing in the state.
Terms Used In Montana Code 20-6-808
- 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
- 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
- Located school district: means the school district in which a proposed, preoperational, or operational public charter school is located and from which the separate boundaries of the charter school district are proposed to be formed. See Montana Code 20-6-803
- 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
- Student: means a child who is eligible for attendance in a public school in the state. See Montana Code 20-6-803
(b)A school district may not require a student enrolled in the school district to attend a public charter school.
(c)A public charter school may limit admission to students within a given age group or grade level.
(d)A public charter school may be organized for a special emphasis, theme, or concept as stated in the school’s proposal.
(e)A public charter 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 public charter school shall select students through a lottery.
(2)(a) A public charter school shall give enrollment preference to students who are residents of the located school district.
(b)A public charter school may give enrollment preference to:
(i)students who were enrolled in the public charter school the previous school year and to siblings of students already enrolled in the public charter school. An enrollment preference for returning students excludes those students from entering a lottery.
(ii)children of members of a public charter school’s governing board and full-time employees, limited to no more than 10% of the school’s total student population.
(3)This section does not preclude the formation of a public charter 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 such a school, the public charter school shall select students through a lottery.
(4)If a student who was previously enrolled in a public charter 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 public charter school.
(5)A school district shall provide or publicize to parents and the general public information about public charter schools as an enrollment option within the district to the same extent and through the same means that the district provides and publicizes information about noncharter public schools in the district.
(6)The board of public education may not restrict the number of students a public charter school may enroll. The capacity of the public charter school must be determined annually by the governing board in consideration of the public charter 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.