10.55.608    CHARTER SCHOOL APPLICATION

(1)  A school district with the approval of an existing local board of trustees may apply to the Board of Public Education through the Superintendent of Public Instruction to form a charter school. 

(a)  A charter school must provide an education that meets or exceeds the requirements of the Montana Constitution, state law, and student performance standards.

(b)  The Board of Public Education may only grant charters to publicly funded schools or programs under the supervision and control of an existing locally elected board of trustees in an existing school district.

(c)  The procedure by which a school district may apply to create a charter school and by which the Board of Public Education may approve, deny, evaluate, and renew a charter school shall be identical to that outlined in ARM 10.55.604.

(d)  To be proposed by an existing local board of trustees and approved by the Board of Public Education, a charter school shall, at a minimum, guarantee the following:

(i)  school district governance and control;

(ii)  unrestricted, open student access;

(iii)  compliance with all health and safety laws;

(iv)  teacher licensure and endorsement to the same extent as required or provided by state law or accreditation standards;

(v)  employee collective bargaining to the same extent as required or provided by state law; and

(vi)  a plan for consideration of input by community members and staff as to formation and implementation issues.  Consideration of input may be identified by formation of advisory committees involving staff and/or community members, conduct of a properly noticed public meeting for purposes of comment on the formation or operation of the charter school, or any other reasonable means that result in an opportunity for input by staff and community members prior to a decision of significant interest to the public regarding the formation or operation of the charter school.

(e)  Charter school applications must comply with statutory criteria, assurance standards pertaining to ARM Title 10, chapter 55, subchapter 6, General Provisions, ARM 10.55.601 through 10.55.606, ARM 10.57.114, ARM 10.55.719 through 10.55.721, or subchapter 8, Educational Opportunity, ARM 10.55.801 through 10.55.806, assurance standards pertaining to educator licensure or endorsement, student performance standards, and content standards as defined by the Board of Public Education and provided in guidance from the Superintendent of Public Instruction.

(f)  A school district may discontinue an approved charter school at any time.  If it does so, it shall promptly notify the Board of Public Education in writing.

History: Mont. Const. Art. X, sec. 9, 20-2-114, 20-2-121, 20-7-101, MCA; IMP, Mont. Const. Art. X, sec. 9, 20-2-121, 20-3-106, 20-7-101, MCA; NEW, 2023 MAR p. 255, Eff. 7/1/23.