20-6-812. Funding for public charter schools. (1) It is the intent of the legislature that a public charter school receive operational funding on a per-pupil basis that is equitable with the per-pupil funding of the located school district.

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Terms Used In Montana Code 20-6-812

  • ANB: means the average number of regularly enrolled, full-time pupils physically attending a school of the district or an offsite instructional setting or receiving remote instruction from the public schools of a district. See Montana Code 20-1-101
  • At-risk student: means any student who is affected by environmental conditions that negatively impact the student's educational performance or threaten a student's likelihood of promotion or graduation. See Montana Code 20-1-101
  • BASE: means base amount for school equity. See Montana Code 20-9-306
  • Basic entitlement: means :

    (a)for each high school district:

    (i)$343,483 for fiscal year 2024 and $353,787 for each succeeding fiscal year for school districts with an ANB of 800 or fewer; and

    (ii)$343,483 for fiscal year 2024 and $353,787 for each succeeding fiscal year for school districts with an ANB of more than 800, plus $17,175 for fiscal year 2024 and $17,690 for each succeeding fiscal year for each additional 80 ANB over 800;

    (b)for each elementary school district or K-12 district elementary program without an approved and accredited junior high school, 7th and 8th grade program, or middle school:

    (i)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of 250 or fewer; and

    (ii)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of more than 250, plus $2,863 for fiscal year 2024 and $2,949 for each succeeding fiscal year for each additional 25 ANB over 250;

    (c)for each elementary school district or K-12 district elementary program with an approved and accredited junior high school, 7th and 8th grade program, or middle school:

    (i)for the district's kindergarten through grade 6 elementary program:

    (A)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of 250 or fewer; and

    (B)$57,246 for fiscal year 2024 and $58,963 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of more than 250, plus $2,863 for fiscal year 2024 and $2,949 for each succeeding fiscal year for each additional 25 ANB over 250; and

    (ii)for the district's approved and accredited junior high school, 7th and 8th grade programs, or middle school:

    (A)$114,493 for fiscal year 2024 and $117,928 for each succeeding fiscal year for school districts or K-12 district elementary programs with combined grades 7 and 8 with an ANB of 450 or fewer; and

    (B)$114,493 for fiscal year 2024 and $117,928 for each succeeding fiscal year for school districts or K-12 district elementary programs with combined grades 7 and 8 with an ANB of more than 450, plus $5,724 for fiscal year 2024 and $5,896 for each succeeding fiscal year for each additional 45 ANB over 450. See Montana Code 20-9-306

  • Budget unit: means the unit for which the ANB of a district is calculated separately pursuant to 20-9-311. See Montana Code 20-9-306
  • 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
  • Donor: The person who makes a gift.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • Local school board: means a preexisting board of trustees exercising supervision and control of the schools and programs of a local school district pursuant to Article X, section 8, of the Montana constitution and the laws of the state of Montana. 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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
  • Total data-for-achievement payment: means the payment provided in 20-9-325 resulting from multiplying $22. See Montana Code 20-9-306
  • Total quality educator payment: means the payment resulting from multiplying $3,566 for fiscal year 2024 and $3,673 for each succeeding fiscal year by the sum of:

    (a)the number of full-time equivalent educators as provided in 20-9-327; and

    (b)as provided in 20-9-324, for a school district meeting the legislative goal for competitive base pay of teachers, the number of full-time equivalent teachers that were in the first 3 years of the teacher's teaching career in the previous year. See Montana Code 20-9-306

(2)(a) For budgeting and funding purposes, when a public charter school is operated by a local school board, a public charter school must be considered a separate budget unit of the located school district, must have its ANB calculated separately from other budget units of the district, and must receive a basic entitlement calculated separately from other budget units of the district when its ANB is greater than:

(i)70 for an elementary school or program;

(ii)20 for a middle school or program; or

(iii)40 for a high school or program.

(b)When a public charter school district exists, funding of the public charter school district must be distributed as BASE aid, except as provided in subsection (2)(c), at 80% of the basic entitlement, 80% of the total per-ANB entitlement, 100% of the total quality educator payment, 100% of the total at-risk student payment, 100% of the total Indian education for all payment, 100% of the total American Indian achievement gap payment, 100% of the total data-for-achievement payment, and 140% of the special education allowable cost payment. The total amount of funding received by a public charter school district under this subsection (2)(b) is both the minimum amount and the maximum amount of public funding for the public charter school district.

(c)A public charter school district is not eligible for a basic entitlement unless its ANB is greater than:

(i)70 for an elementary school or program;

(ii)20 for a middle school or program; or

(iii)40 for a high school or program.

(3)Students attending a public charter school governed by a local school board who are not residents of the located school district generate funding in the same manner as other nonresident students attending a school of the located district under an out-of-district attendance agreement pursuant to Title 20, chapter 5, part 3;

(4)A public charter school district is prohibited from charging tuition and fees.

(5)For a public charter school that is not governed by the local school board, the county treasurer of the county in which a public charter school is located shall establish funds for the public charter school separate from the funds of the located school district.

(6)The governing board of a public charter school shall report annually on the financial activities of the public charter school in the manner prescribed in 20-9-213(6).

(7)A public charter school district may obligate the public charter school district to indebtedness and is solely responsible for those debts. A public charter school district is not responsible for any debt service obligations that exist in the located school district.

(8)Nothing in this part may be construed to prohibit any person or organization from providing funding or other assistance for the establishment or operation of a public charter school. The governing board of a public charter school is authorized to accept gifts or donations of any kind made to the public charter school and to expend or use the gifts or donations in accordance with the conditions prescribed by the donor. A gift or donation may not be accepted if the gift or donation is subject to a condition that is contrary to any provision of law or term of the charter contract.

(9)Money received by a public charter school from any source and remaining in the public charter school’s accounts at the end of a budget year must remain in the public charter school’s accounts for use by the public charter school in subsequent years.