School choice advocates battle for charter schools in Montana

Two new Montana school choice laws are being challenged in court by a coalition of school superintendents, administrators and teachers’ union staff who claim the measures are unconstitutional.

The group, which calls itself the Montana Quality Education Coalition (MQEC), is challenging HB 562 and HB 393, claiming the bills violate Article X of the state’s constitution.

HB 393 would expand the state’s school choice program for special needs students, while HB 562 creates “community choice charter schools.”

Montana is currently one of just five states in America that doesn’t offer public charter schools to its families.

Charter schools are tuition-free and publicly funded. Unlike traditional public schools which have a district school board, charters are guided by an independent board.

“Parents should be free to choose the best possible education for their children regardless of their reasons why: achievement, safety, boredom, values, specialized programming, location etc.,” said the Community Choice Charter Schools for Montana website.

“Montanans now have the freedom to develop Community Choice Charter Schools that are unique to their own areas,” the website also said.

But public school advocates aren’t happy with the new competition. 

“MQEC and our partners have defended Montanans’ Article X constitutional right to free, quality public schools for over twenty years,” said Doug Reisig, executive director of the organization. “Legislators from both parties recognized HB 562 and HB 393 as both unconstitutional and terrible policy.” 

Article X of the state constitution reads:  

“It is the goal of the people to establish a system of education which will develop the full educational potential of each person . . . The legislature shall provide a basic system of free quality public elementary and secondary schools.”  

However, research shows that charter schools typically see better educational outcomes than traditional public schools. Charters also grew during the pandemic while public school attendance declined. 

Montana Gov. Greg Gianforte and Superintended of Public Instruction Elsie Arntzen are both named as defendants in the lawsuit. 

“While the governor generally doesn’t comment on active litigation, he is committed to empowering Montana parents to choose the education that best meets the individual needs of their child,” said Kaitlin Price, a spokesperson for Gianforte.