As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

1. (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. (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 this part, the board of public education is the sole entity authorized to enter into charter contracts with a governing board.
3. (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.
4. (4) "Governing board" means the elected board of trustees of a public charter school district exercising supervision and control over a 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. (5) "Local school board" means a preexisting 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. (6) "Located school district" means the school district in which a proposed, preoperational, or operational public charter school is located and from which the separate boundaries of the charter school district are proposed to be formed. When a charter school district is formed, the boundaries of the charter school district are removed from the territory of the located school district.
7. (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 20-6-806.
8. (8) "Parent" means a parent, guardian, or other person or entity having legal custody of a child.

9. (9) "Public charter school" means a public school that:

   1. (a) has autonomy over decisions including but not limited to matters concerning finance, personnel, scheduling, curriculum, and instruction as defined in a charter contract;
   2. (b) is governed by a local school board or, in the case of a governing board other than a local school board, by the governing board of the public charter school district of which the charter school is a part;
   3. (c) is established and operated under the terms of a charter contract;
   4. (d) allows parents choose to enroll their children;
   5. (e) admits students on the basis of a lottery if more students apply for admission than can be accommodated;
   6. (f) provides a program of education that may include any or all grades from kindergarten through grade 12 and vocational education programs;
   7. (g) operates in pursuit of a specific set of educational objectives as defined in its charter contract;
   8. (h) operates under the general supervision of the board of public education in accordance with its charter contract; and
   9. (i) if the school is a high school, establishes graduation requirements and has authority to award degrees and issue diplomas.

10. (10) "Public charter school district" means a school district created pursuant to this part by the board of public education that is governed by a governing board that is not a local school board. A public charter school district:

    1. (a) is a district for governing purposes only;
    2. (b) is not a taxing jurisdiction;
    3. (c) receives state funding as described in 20-6-812;
    4. (d) is subject to Title 20, except as described in this part; and
    5. (e) is not subject to the laws for district boundary changes or school opening under this chapter.
11. (11) "Resident school district" means the public school district in which a student resides.
12. (12) "Student" means a child who is eligible for attendance in a public school in the state.

History: En. Sec. 3, Ch. 510, L. 2023; amd. Sec. 1, Ch. 243, L. 2025.