Montana Code 20-11-125. Community choice school access to district facilities and land
20-11-125. Community choice school access to district facilities and land. (1) A choice school has a right of first refusal to purchase or lease at or below fair market value a closed public school facility or property or an unused portion of a public school facility or property located in a school district from which the choice school draws its students.
Terms Used In Montana Code 20-11-125
- 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.
- district: means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. See Montana Code 20-6-101
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: means real and personal property. See Montana Code 1-1-205
- 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
- University: means the university of Montana-Missoula. See Montana Code 20-1-101
(2)A choice school may negotiate and contract at or below fair market value with a school district, the governing body of a college or university or community college, or any other public entity or for-profit or nonprofit private entity for the use of a facility for a school building.