20-11-126. Community choice school account. (1) There is a community choice school account in the state special revenue fund provided for in 17-2-102 and administered by the commission. The purpose of the account is for the receipt and expenditure of gifts, grants, legacies, devises, and donations given specifically to support the creation and operation of the Montana community choice schools and commission.

Terms Used In Montana Code 20-11-126

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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

  • Commission: means the community choice school commission provided for in 20-11-106. See Montana Code 20-11-103
  • fund: means a separate detailed account of receipts and expenditures for a specific purpose as authorized by law or by the superintendent of public instruction under the provisions of subsection (2). See Montana Code 20-9-201
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)All donations must be from a private source and may not be expended for any purpose other than for the benefit of qualifying choice schools as determined by the commission. Money in the account is derived from a private nonstate source and is payable by the commission without an appropriation pursuant to 17-8-101.

(3)A gift or donation made directly to a specific choice school or schools is not prohibited by this section.