2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 8. Public Charter Schools › 20-6-809. Charter school performance and renewal

20-6-809. Charter school performance and renewal.
(1) The performance provisions within the charter contract must be based on a performance framework that clearly sets forth the academic and operational performance indicators, measures, and metrics that will guide the board of public education's evaluations of each public charter school. The performance framework must include indicators, measures, and metrics for, at a minimum:
(a) student academic proficiency;
(b) student academic growth;
(c) achievement gaps in both proficiency and growth between major student subgroups;
(d) attendance;
(e) recurrent enrollment from year to year;
(f) postsecondary readiness;
(g) financial performance and sustainability; and
(h) governing board performance and stewardship, including compliance with all applicable laws, regulations, and terms of the charter contract.
(2) Each public charter school shall set annual performance targets designed to help each school meet applicable federal, state, and board of public education expectations.
(3) (a) The contract performance framework must allow the inclusion, with the board of public education's approval, of additional rigorous, valid, and reliable indicators proposed by a public charter school to augment external evaluations of its performance that are consistent with the purposes of this part.
(b) The board of public education shall collect and analyze data from each public charter school it oversees in accordance with the performance framework.
(c) Multiple schools operating under a single charter contract or overseen by a single governing board of a charter school district shall report their performance as separate, individual schools. Each school must be held independently accountable for its performance.
(4) (a) The board of public education shall monitor the performance and legal compliance of each public charter school district and each public charter school, including collecting and analyzing data to support ongoing evaluation according to the charter contract. The board of public education has the authority to conduct or require oversight activities that do not unduly inhibit the autonomy granted to public charter schools and the supervision and control of a public charter school's governing board but that enable the board to fulfill its responsibilities under this part, including conducting appropriate inquiries and investigations consistent with the intent of this part, and to adhere to the terms of the charter contract.
(b) The board of public education shall annually publish a performance report for each public charter school within the performance framework set forth in the charter contract and 20-6-810. The board may require each public charter school it oversees to submit an annual report to assist the board in gathering complete information about each school, consistent with the performance framework.
(c) In the event that a public charter school's performance or legal compliance appears unsatisfactory, the board of public education shall promptly notify the governing board of the perceived problem and provide a reasonable opportunity for the school to remedy the problem.
(d) The board of public education may take appropriate corrective action or exercise sanctions short of revocation in response to apparent deficiencies in public charter school performance or legal compliance. The action or sanctions may include, if warranted, requiring a governing board to develop and execute a corrective action plan within a specified timeframe.
(5) (a) A charter may be renewed for successive 5-year terms, although the board of public education may vary the term based on the performance, demonstrated capacities, and particular circumstances of each public charter school. The board may grant renewal with specific conditions for necessary improvement to a public charter school.
(b) No later than June 30 of each year, the board of public education shall issue a public charter school performance report and charter renewal application guide to the governing board of any public charter school whose charter will expire the following year. The performance report must summarize the public charter school's performance record to date, based on the data required by this part and the charter contract, and must provide notice of any weaknesses or concerns perceived by the board concerning the public charter school that may jeopardize renewal if not promptly rectified. The public charter school shall respond to the performance report and submit any corrections or clarifications within 90 days.
(6) The renewal application guide must, at a minimum, provide an opportunity for the governing board of the public charter school to:
(a) present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;
(b) describe improvements undertaken or planned for the public charter school; and
(c) detail the public charter school's plans for the next charter term.
(7) The renewal application guide must include or refer explicitly to the criteria that will guide the board's renewal decisions, based on the performance framework set forth in the charter contract and consistent with this part.
(8) (a) No later than February 1, the governing board of a public charter school seeking renewal shall submit a renewal application to the board of public education pursuant to the renewal application guide. The board of public education shall rule by resolution on the renewal application no later than 30 days after the filing of the renewal application.
(b) When considering charter renewal, the board of public education shall:
(i) base its decision on evidence of the school's performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;
(ii) ensure that the data used in making renewal decisions is available to the school and the public; and
(iii) provide a public report summarizing the basis for each decision.
History: En. Sec. 9, Ch. 510, L. 2023.