20-11-110. Purchase of services by choice school. (1) With the exception of oversight services as required by 20-11-109, a community choice school may not be required to purchase services from the choice school’s authorizer as an express or implied condition of choice school approval or of executing a charter contract.

Terms Used In Montana Code 20-11-110

  • Authorizer: means the commission or a local school board approved as an authorizer by the commission. See Montana Code 20-11-103
  • 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. See Montana Code 20-11-103
  • 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. See Montana Code 20-11-103

  • Contract: A legal written agreement that becomes binding when signed.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501

(2)A choice school may choose to purchase services from its authorizer. In that event, the choice school and authorizer shall execute an annual service contract, separate from the charter contract, stating the parties’ mutual agreement concerning any services to be provided by the authorizer and any service fees to be charged to the choice school. An authorizer may not charge more than market rates for services provided to a choice school.

(3)A choice school may purchase goods and services from for-profit providers for operational and ancillary purposes.