2023 Montana Code Annotated › Title 20. Education › Chapter 11. Community Choice Schools › Part 1. Community Choice Schools Act › 20-11-107. Authorizers

20-11-107. Authorizers.
(1) The state community choice school commission created under 20-11-106 may authorize choice schools in the state. The commission shall perform the functions of choice school authorizers under this part.
(2) (a) A local school board may apply to the commission for authorizing authority within the boundaries of the traditional school district overseen by the local school board.
(b) If the commission determines that the local school board fulfills the requirements of an authorizer, the commission shall, within 60 days of receipt of a local school board's application, approve the local school board as an authorizer.
(c) On approval, the commission shall register the local school board and shall provide the local school board with a letter confirming its approval as an authorizer.
(3) (a) The commission shall establish the annual application and approval process, including cycles and deadlines during the fiscal year, for local school boards to apply for authorizing authority as set forth in this section.
(b) By March 1 of each year, the commission shall make available information and guidelines for local school boards concerning the opportunity to apply for authorizing authority under this part.
(c) Each interested local school board shall submit an application that clearly explains or presents the following elements in a format to be established by the commission:
(i) written notification of intent to serve as a choice school authorizer in accordance with this part;
(ii) an explanation of the local school board's strategic vision for authorizing;
(iii) a plan supporting the local school board's strategic vision and an explanation of the local school board's budget and personnel capacity and commitment to execute the duties of choice school authorizing in accordance with this part;
(iv) a draft or preliminary outline of a request for proposal that will solicit choice school applicants in accordance with 20-11-111;
(v) a description or outline of the performance framework the local school board will use to guide the establishment of a charter contract and for ongoing oversight and evaluation of choice schools consistent with the requirements of this part;
(vi) a draft of the local school board's renewal, revocation, nonrenewal, and school closure processes consistent with 20-11-117 and 20-11-118;
(vii) a statement of assurance that the local school board commits to serving as a choice school authorizer in fulfillment of the expectations, spirit, and intent of this part and will fully participate in any authorizer training provided or required by the commission; and
(viii) a statement of assurance that the local school board will be accountable and transparent in all matters concerning authorizing practices, decisions, and expenditures.
(4) (a) Within 60 days of receipt of the application, the commission shall determine whether to approve an application based on a review of the documentation provided in [subsection (3)] and the quality of the application. The commission shall provide a letter to the local school board either confirming or denying acceptance as an authorizer.
(b) Within 30 days of approval of an application for choice school authorizing, the commission and the approved authorizer shall execute a renewable authorizing contract. The initial authorizing contract term is 6 years.
(5) A local school board may not engage in authorizing functions without a fully executed authorizing contract.
(6) When approved by the commission, the local school board continues as an authorizer from year to year during the term of the contract as long as the local school board fulfills all authorizing duties and expectations set forth in this part and remains an authorizer in good standing with the commission.
History: En. Sec. 5, Ch. 513, L. 2023.