Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                           HB 549.1
                                                 HOUSE BILL NO. 549
    INTRODUCED BY F. ANDERSON, D. BEDEY, B. MITCHELL, L. REKSTEN, L. SHELDON-GALLOWAY, T.
   MOORE, M. BERTOGLIO, J. DOOLING, M. BINKLEY, A. REGIER, S. GALLOWAY, E. BUTTREY, L. JONES,
                                G. PARRY, C. SPRUNGER, B. BARKER, J. ETCHART
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  A BILL FOR AN ACT ENTITLED: “AN ACT AUTHORIZING THE ESTABLISHMENT OF PUBLIC CHARTER
  SCHOOLS AS A MEANS OF PROVIDING ADDITIONAL EDUCATIONAL OPPORTUNITIES; PROVIDING
  LEGISLATIVE FINDINGS AND INTENT; DEFINING "PUBLIC CHARTER SCHOOL" AND PROVIDING OTHER
  DEFINITIONS; PRESCRIBING DUTIES FOR THE BOARD OF PUBLIC EDUCATION AND REQUIRED
  ELEMENTS OF CHARTER APPLICATIONS AND CHARTER CONTRACTS; ESTABLISHING REPORTING
  REQUIREMENTS; PROVIDING ENROLLMENT AND GOVERNANCE REQUIREMENTS FOR PUBLIC
  CHARTER SCHOOLS; PROVIDING FOR THE CREATION, RENEWAL, REVOCATION, AND CLOSURE OF
  PUBLIC CHARTER SCHOOLS; PROVIDING FOR PERFORMANCE MEASURES FOR PUBLIC CHARTER
  SCHOOLS; PROVIDING FOR FUNDING OF PUBLIC CHARTER SCHOOLS; ESTABLISHING THE PUBLIC
  CHARTER SCHOOL ACCOUNT; AND PROVIDING AN EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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           NEW SECTION. Section 1.        Short title. [Sections 1 through 14] may be cited as the "Public Charter
  Schools Act".
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           NEW SECTION. Section 2.        Public charter schools -- legislative findings and intent. (1) The
  legislature finds that:
           (a)      parents desire education options for their children;
           (b)      expanding educational opportunities for K-12 education within the state is a necessary and
  valid public purpose; and
           (c)      creating options that assist parents and encourage students to develop their full educational
  potential is vital to the economic competitiveness of the state.
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68th Legislature 2023                                                                                              HB 549.1
            (2)    It is the legislature's intent to establish public charter schools for the purposes of:
            (a)    enhancing Montana's system of education to develop the full educational potential of each
  person;
            (b)    enabling parents to make decisions on how best to educate their children;
            (c)    providing other public educational opportunities for all students, especially those at risk of
  academic failure;
            (d)    encouraging and inspiring the use of different models of teaching, governing, scheduling, and
  providing instruction in both public charter schools and noncharter public schools to meet a variety of student
  needs; and
            (e)    advancing Montana's commitment to the preservation of American Indian cultural identity,
  pursuant to Article X, section 1(2), of the Montana constitution, and to the elimination of the American Indian
  achievement gap by encouraging students, parents, and community members in Indian country to pursue
  alternative educational opportunities through public charter schools.
            (3)    It is the legislature's intent to create a limited number of innovative and high-performing public
  charter schools under the general supervision of the board of public education.
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            NEW SECTION. Section 3.       Definitions. As used in [sections 1 through 14], unless the context
  clearly indicates otherwise, the following definitions apply:
            (1)    "Applicant" means a group of residents of the located school district or county of the located
  school district or the local school board of the located school district that submits a proposal for a public charter
  school to the board of public education.
            (2)    "Board of public education" means the board created by Article X, section 9(3), of the Montana
  constitution and 2-15-1507. For the purposes of public charter schools established under [sections 1 through
  14], the board of public education is the sole entity authorized to enter into charter contracts with a governing
  board.
            (3)    "Charter contract" means a fixed-term, renewable contract between a governing board of a
  public charter school and the board of public education that outlines the roles, powers, responsibilities, and
  performance expectations for each party to the contract.
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68th Legislature 2023                                                                                              HB 549.1
          (4)      "Governing board" means the independent board of trustees of a public charter school or the
  local school board that is a party to the charter contract with the board of public education and that exercises
  supervision and control over a charter school pursuant to the charter contract.
          (5)      "Local school board" means a board of trustees exercising supervision and control of the
  schools and programs of a local school district pursuant to Article X, section 8, of the Montana constitution and
  the laws of the state of Montana.
          (6)      "Located school district" means the school district in which a proposed, preoperational, or
  operational public charter school is located.
          (7)      "Noncharter public school" means a public school that is under the supervision and control of a
  local school board or the state and is not operating under a charter contract pursuant to [section 6].
          (8)      "Parent" means a parent, guardian, or other person or entity having legal custody of a child.
          (9)      "Public charter school" means a public school that:
          (a)      has autonomy over decisions including but not limited to matters concerning finance,
  personnel, scheduling, curriculum, and instruction as defined in a charter contract;
          (b)      is governed by a governing board;
          (c)      is established and operated under the terms of a charter contract;
          (d)      allows parents choose to enroll their children;
          (e)      admits students 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 general supervision of the board of public education in accordance with its
  charter contract; and
          (i)      if the school is a high school, establishes graduation requirements and has authority to award
  degrees and issue diplomas.
          (10)     "Resident school district" means the public school district in which a student resides.
          (11)     "Student" means a child who is eligible for attendance in a public school in the state.
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68th Legislature 2023                                                                                              HB 549.1
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          NEW SECTION. Section 4.          Board of public education responsibilities. (1) In accordance with
  [sections 1 through 14], the board of public education is responsible for executing the following essential
  powers and duties:
          (a)        soliciting and evaluating charter proposals;
          (b)        approving charter proposals that meet identified educational needs and promote a diversity of
  educational choices, including but not limited to:
          (i)        increasing standards for student achievement;
          (ii)       closing achievement gaps between high-performing and low-performing groups of public
  school students;
          (iii)      increasing educational opportunities within the public education system;
          (iv)       providing alternative learning environments for students who are not thriving in traditional
  school settings;
          (v)        lowering the dropout rate;
          (vi)       creating new professional opportunities for teachers and other school personnel;
          (vii)      encouraging the use of different models of teaching and learning; and
          (viii)     providing students, parents, community members, and local entities with expanded
  opportunities for involvement in the public education system;
          (c)        denying approval of charter proposals that fail to provide clear and convincing proof of their
  likelihood of success;
          (d)        negotiating and executing sound charter contracts with each approved public charter school;
          (e)        monitoring approved public charter schools' performance and legal compliance with charter
  contract terms; and
          (f)        determining whether each charter contract merits renewal, nonrenewal, or revocation.
          (2)        On or before December 1 of each year, beginning in the first year that a public charter school
  has been in operation for a full school year, the board of public education shall publish to the board's website
  and submit to the legislature in accordance with 5-11-210 an annual report on the state's public charter schools
  for the school year ending in the preceding calendar year. The annual report must include:
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68th Legislature 2023                                                                                                HB 549.1
          (a)        a comparison of the performance of public charter school students with the performance of
  academically, ethnically, and economically comparable groups of students in noncharter public schools; and
          (b)        the board's assessment of the successes, challenges, and areas for improvement in meeting
  the purposes of [sections 1 through 14], including the board's assessment of the sufficiency of funding for public
  charter schools and any suggested changes in state law or policy necessary to strengthen the state's public
  charter schools.
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          NEW SECTION. Section 5.           Public charter school proposal process. (1) To solicit, encourage, and
  guide the development of public charter schools, the board of public education shall issue and broadly publicize
  a request for proposal by October 1 in 2023 and by June 1 of each year thereafter. The content and
  dissemination of the request for proposal must be consistent with the purposes and requirements of [sections 1
  through 14].
          (2)        The request for proposal must include:
          (a)        the criteria that will guide the board's decision to approve or deny a charter proposal;
          (b)        clear and detailed questions designed to gauge an applicant's capacity to establish and
  operate a successful public charter school, as well as guidelines concerning the format and content of an
  applicant's response to the request for proposal.
          (3)        A request for proposal must require applicants to describe thoroughly the following essential
  elements of their public charter school proposal:
          (a)        an executive summary;
          (b)        the mission and vision of the proposed public charter school, including identification of the
  targeted student population and the community the school proposes to serve;
          (c)        the school district in which the public charter school is proposed to be located and operate;
          (d)        the grades to be served each year for the full term of the charter contract;
          (e)        the minimum, planned, and maximum enrollment per year for the term of the charter contract;
          (f)        specific evidence:
          (i)        of significant community support for the proposed public charter school; and
          (ii)       for an applicant that is not a local school board:
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68th Legislature 2023                                                                                              HB 549.1
            (A)    that the applicant has sought from the local school board the creation of a school or program of
  the located school district serving the mission and vision of the proposed public charter school; and
            (B)    the local school board declined to create the school or program or submit to the board of public
  education a proposal for the creation of a public charter school consistent with the mission and vision of the
  proposed public charter school;
            (g)    for an applicant that is not a local school board, background information on the initial governing
  board members and, if identified, the proposed school leadership and management team;
            (h)    the proposed public charter school's proposed calendar and sample daily schedule;
            (i)    a description of the academic program, including:
            (i)    plans to formally assess student achievement on an annual basis; and
            (ii)   variances to existing standards that the proposed public charter school requires;
            (j)    a description of the proposed public charter school's instructional design, including the type of
  learning environment, class size and structure, curriculum overview, and teaching methods;
            (k)    the proposed public charter school's plans for identifying and successfully serving students with
  disabilities, students who are English language learners, students who are academically challenged, and gifted
  students, including but not limited to compliance with applicable laws and regulations;
            (l)    a description of cocurricular or extracurricular programs, if any, and how the programs will be
  funded and delivered;
            (m)    plans and timelines for student recruitment and enrollment, including lottery procedures;
            (n)    the proposed public charter school's student discipline policies, including those for special
  education students;
            (o)    an organizational chart that clearly presents the proposed public charter school's organizational
  structure, including lines of authority and reporting between the governing board, staff, related bodies such as
  advisory bodies or parent and teacher councils, and external organizations that will play a role in managing the
  school;
            (p)    a clear description of the roles and responsibilities for the governing board, the proposed public
  charter school's leadership and management team, and other entities shown in the organizational chart;
            (q)    a staffing chart for the proposed public charter school's first year and a staffing plan for the
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68th Legislature 2023                                                                                                HB 549.1
  term of the charter;
            (r)    plans for recruiting and developing school leadership and staff;
            (s)    the proposed public charter school's leadership and teacher employment policies, including
  performance evaluation plans;
            (t)    proposed governing bylaws;
            (u)    explanations of any partnerships or contractual relationships central to the proposed public
  charter school's operations or mission;
            (v)    the proposed public charter school's plans for providing transportation, food service, and all
  other significant operational or ancillary services, if any;
            (w)    opportunities and expectations for parent involvement;
            (x)    a detailed school startup plan, identifying tasks, timelines, and responsible individuals;
            (y)    a description of the proposed public charter school's financial plan and policies, including
  financial controls and audit requirements;
            (z)    a description of the insurance coverage the proposed public charter school will obtain;
            (aa)   startup and 5-year budgets with clearly stated assumptions;
            (bb)   startup and first-year cash flow projections with clearly stated assumptions;
            (cc)   evidence of anticipated fundraising contributions, if claimed in the proposal; and
            (dd)   a sound facilities plan, including backup or contingency plans, if appropriate.
            (4)    If a public charter school proposal does not contain the elements required in subsection (3), the
  board shall consider the proposal incomplete and return the proposal to the applicant without taking further
  action.
            (5)    In reviewing and evaluating charter proposals, the board shall employ procedures, practices,
  and criteria consistent with nationally recognized best practices, principles, and standards for the authorization
  of public charter schools. The proposal review process must include thorough evaluation of each written charter
  proposal, an in-person interview with the applicant, and an opportunity in a public forum for local residents to
  learn about and p