Montana Code 20-6-809. Charter school performance and renewal
20-6-809. Charter school performance and renewal. (1) The performance provisions within the charter contract must be based on a performance framework that clearly sets forth the academic and operational performance indicators, measures, and metrics that will guide the board of public education‘s evaluations of each public charter school. The performance framework must include indicators, measures, and metrics for, at a minimum:
Terms Used In Montana Code 20-6-809
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Oversight: Committee review of the activities of a Federal agency or program.
- Proficiency: means a measure of competence that is demonstrated through application in a performance assessment. See Montana Code 20-7-1601
- 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
(a)student academic proficiency;
(b)student academic growth;
(c)achievement gaps in both proficiency and growth between major student subgroups;
(d)attendance;
(e)recurrent enrollment from year to year;
(f)postsecondary readiness;
(g)financial performance and sustainability; and
(h)governing board performance and stewardship, including compliance with all applicable laws, regulations, and terms of the charter contract.
(2)Each public charter school shall set annual performance targets designed to help each school meet applicable federal, state, and board of public education expectations.
(3)(a) The contract performance framework must allow the inclusion, with the board of public education’s approval, of additional rigorous, valid, and reliable indicators proposed by a public charter school to augment external evaluations of its performance that are consistent with the purposes of this part.
(b)The board of public education shall collect and analyze data from each public charter school it oversees in accordance with the performance framework.
(c)Multiple schools operating under a single charter contract or overseen by a single governing board of a charter school district shall report their performance as separate, individual schools. Each school must be held independently accountable for its performance.
(4)(a) The board of public education shall monitor the performance and legal compliance of each public charter school district and each public charter school, including collecting and analyzing data to support ongoing evaluation according to the charter contract. The board of public education has the authority to conduct or require oversight activities that do not unduly inhibit the autonomy granted to public charter schools and the supervision and control of a public charter school’s governing board but that enable the board to fulfill its responsibilities under this part, including conducting appropriate inquiries and investigations consistent with the intent of this part, and to adhere to the terms of the charter contract.
(b)The board of public education shall annually publish a performance report for each public charter school within the performance framework set forth in the charter contract and 20-6-810. The board may require each public charter school it oversees to submit an annual report to assist the board in gathering complete information about each school, consistent with the performance framework.
(c)In the event that a public charter school’s performance or legal compliance appears unsatisfactory, the board of public education shall promptly notify the governing board of the perceived problem and provide a reasonable opportunity for the school to remedy the problem.
(d)The board of public education may take appropriate corrective action or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance. The action or sanctions may include, if warranted, requiring a governing board to develop and execute a corrective action plan within a specified timeframe.
(5)(a) A charter may be renewed for successive 5-year terms, although the board of public education may vary the term based on the performance, demonstrated capacities, and particular circumstances of each public charter school. The board may grant renewal with specific conditions for necessary improvement to a public charter school.
(b)No later than June 30 of each year, the board of public education shall issue a public charter school performance report and charter renewal application guide to the governing board of any public charter school whose charter will expire the following year. The performance report must summarize the public charter school’s performance record to date, based on the data required by this part and the charter contract, and must provide notice of any weaknesses or concerns perceived by the board concerning the public charter school that may jeopardize renewal if not promptly rectified. The public charter school shall respond to the performance report and submit any corrections or clarifications within 90 days.
(6)The renewal application guide must, at a minimum, provide an opportunity for the governing board of the public charter school to:
(a)present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;
(b)describe improvements undertaken or planned for the public charter school; and
(c)detail the public charter school’s plans for the next charter term.
(7)The renewal application guide must include or refer explicitly to the criteria that will guide the board’s renewal decisions, based on the performance framework set forth in the charter contract and consistent with this part.
(8)(a) No later than February 1, the governing board of a public charter school seeking renewal shall submit a renewal application to the board of public education pursuant to the renewal application guide. The board of public education shall rule by resolution on the renewal application no later than 30 days after the filing of the renewal application.
(b)When considering charter renewal, the board of public education shall:
(i)base its decision on evidence of the school’s performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;
(ii)ensure that the data used in making renewal decisions is available to the school and the public; and
(iii)provide a public report summarizing the basis for each decision.