Montana Code 20-6-810. Charter contract revocation and school closure or charter contract nonrenewal
20-6-810. Charter contract revocation and school closure or charter contract nonrenewal. (1) A charter contract may be subject to nonrenewal or revocation if the board of public education determines that the public charter school:
Terms Used In Montana Code 20-6-810
- 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.
- fund: means a separate detailed account of receipts and expenditures for a specific purpose as authorized by law or by the superintendent of public instruction under the provisions of subsection (2). See Montana Code 20-9-201
- 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
- Property: means real and personal property. See Montana Code 1-1-205
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writing: includes printing. See Montana Code 1-1-203
(a)committed a material and substantial violation of any of the terms, conditions, standards, or procedures required under this part or the charter contract and from which the public charter school was not exempted;
(b)failed to meet or make sufficient progress toward the performance expectations set forth in the charter contract;
(c)failed to meet public safety standards; or
(d)failed to meet generally accepted standards of fiscal management.
(2)The board of public education shall develop revocation and nonrenewal processes that:
(a)provide the governing board with timely notification of the prospect of revocation or nonrenewal and of the reasons for the possible closure;
(b)allow the governing board a reasonable amount of time in which to prepare a response;
(c)provide the governing board an opportunity to submit documents and testimony at a hearing to challenge the rationale for the closure recommendation and in support of the continuation of the school;
(d)allow the governing board to be represented by counsel and call witnesses on their behalf;
(e)permit the recording of the proceedings; and
(f)provide for a final determination conveyed in writing to the governing board.
(3)If the board of public education revokes or denies renewal of a charter, the board shall clearly state, by resolution, the reasons for the revocation or nonrenewal.
(4)Within 10 days of taking action to renew, not renew, or revoke a charter, the board of public education shall provide a copy of the resolution setting forth the action taken and reasons for the decision.
(5)(a) Prior to a public charter school closure, the board of public education shall develop a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of this part. The protocol must specify responsible parties, transition and closure timelines, and a delineation of the respective duties of the governing board of the public charter school and the board of public education.
(b)The board of public education shall oversee the closure and work with the governing board of the public charter school to ensure a smooth and orderly closure and transition for students and parents.
(c)In the event of a public charter school closure for any reason, the nonrestricted distributable assets of the public charter school must be distributed first to satisfy outstanding payroll obligations for employees of the public charter school, then to creditors of the public charter school, then to public school districts to which students previously attending the closed charter school are returning on a prorated per-pupil basis, and then to the state general fund. If the assets of the public charter school are insufficient to pay all obligations, the prioritization of the distribution of assets may be determined by a court of law.