Montana Code Annotated 2023



Part 1. Community Choice Schools Act


20-11-103. Definitions. As used in this part, the following definitions apply:

(1) "Applicant" means a person or group that submits a proposal for a community choice school to an authorizer.

(2) "Authorizer" means the commission or a local school board approved as an authorizer by the commission.

(3) "Charter contract" means a fixed-term, renewable contract between a community choice school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract.

(4) "Commission" means the community choice school commission provided for in 20-11-106.

(5) "Community choice school" or "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.

(6) "Education service provider" means a for-profit education management organization, nonprofit education management organization, school design provider, or other partner entity with which a community choice school intends to contract for educational design, implementation, or comprehensive management.

(7) "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.

(8) "Local school board" means a traditional school district board of trustees exercising management and control over a traditional local school district pursuant to the laws of the state.

(9) "Parent" means a parent, guardian, or other person or entity having legal custody of a child.

(10) "Resident school district" means the public school district in which a student resides.

(11) "Student" means a child who is eligible for attendance in a public school in the state.

(12) "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.

(13) "Virtual community choice school" means a community choice school headquartered in Montana that offers educational services predominantly through an online program.

History: En. Sec. 3, Ch. 513, L. 2023.