2023 Montana Code Annotated › Title 20. Education › Chapter 6. School Districts › Part 8. Public Charter Schools › 20-6-811. Public charter school operation and autonomy

20-6-811. Public charter school operation and autonomy.
(1) (a) A public charter school must be a public education organization.
(b) A public charter school is subject to all federal laws and authorities as provided in this part or arranged by charter contract with the board of public education consistent with applicable laws, rules, and regulations.
(c) Except as provided in this part and in the public charter school's charter contract, a public charter school is subject to the provisions of Title 20 and any state or local rule, regulation, policy, or procedure relating to noncharter public schools within the located school district.
(d) A single governing board may hold one or more charter contracts. A charter contract may consist of one or more schools, to the extent approved by the board of public education and consistent with applicable law. Each public charter school that is part of a charter school district must be under the supervision and control of the governing board of the charter school district.
(2) A public charter school district or public charter school may not be created within the geographical boundaries of a third-class elementary district, as defined in 20-6-201, or a third-class high school district, as defined in 20-6-301, unless the applicant is the local school board.
(3) The governing board of a public charter school shall function as a local educational agency. A public charter school is responsible for meeting the requirements of a local educational agency under applicable federal, state, and local laws, including those relating to special education.
(4) The governing board of a public charter school is responsible for special education at the school, including identification and service provisions, and is responsible for meeting the needs of enrolled students with disabilities.
(5) The governing board of a public charter school district has all the powers necessary for carrying out the terms of its charter contract, including the following powers:
(a) to receive and disburse funds for school purposes;
(b) to secure appropriate insurance and to enter into contracts and leases, free from prevailing wage laws;
(c) to incur debt in reasonable anticipation of the receipt of public or private funds;
(d) to pledge, assign, or encumber its assets to be used as collateral for loans or extensions of credit;
(e) to solicit and accept gifts or grants for school purposes subject to applicable laws and the terms of its charter contract;
(f) to acquire real property, for use as its facility or facilities, from public or private sources; and
(g) to sue and be sued in its own name.
(6) (a) A public charter school may not engage in any sectarian practices in its educational program, admissions policies, employment policies or practices, or operations.
(b) The powers, obligations, and responsibilities set forth in the charter contract may not be delegated or assigned by either party except as otherwise specifically provided in this part.
(7) (a) A public charter school is subject to the same civil rights, health, and safety requirements applicable to other public schools in the state except as otherwise specifically provided in this part.
(b) The governing board shall establish graduation requirements and may award degrees and issue diplomas.
(c) A governing board is subject to and shall comply with state open meeting and public records laws pursuant to Title 2, chapters 3 and 6.
(d) A public charter school shall establish purchasing procedures that include a competitive bidding process for purchases or contracts exceeding $80,000.
(8) (a) Employees in public charter schools have the same rights and privileges as other public school employees except as otherwise provided in this part.
(b) Teachers and other school personnel, as well as governing board members, are subject to criminal history record checks and fingerprinting requirements.
(c) Public charter school employees may not be required to be members of any existing collective bargaining agreement between a school district and its employees. However, a public charter school may not interfere with laws and other applicable rules protecting the rights of employees to organize and to be free from discrimination.
History: En. Sec. 11, Ch. 510, L. 2023.