Mountain State Policy Center (MSPC) joined a coalition amicus brief today in the case of Felchle v. Montana. The case concerns a law passed in 2023 by the Montana Legislature authorizing charter schools as an option for Montana families. The Montana Frontier Institute, Montana Family Foundation, and Ed Choice are the other coalition signers of the legal brief defending the new law.
Until recently, Montana was one of the only states in the nation that didn’t allow for the creation of public charter schools. Overwhelming evidence, including research from Stanford University, has demonstrated the tremendous success charter schools are achieving.
The Montana Legislature in 2023 passed two charter school bills - HB 562 and HB 549. As we previously reported, HB 562 was the stronger bill.
As they have done in nearly every state that has voted to launch public charter schools, teachers’ union leaders and the League of Women Voters, among others, sued to prevent implementation of HB 562.
Discussing our coalition effort, Kendall Cotton, President & CEO of Frontier Institute said:
“It’s abundantly clear that Montana’s Community Choice Schools Act is constitutional, consistent with charter school programs in other states, and will enable free, high quality public education options open to all students. We and our co-signers are asking the court to uphold the Community Choice Schools Act and preserve this opportunity for Montana communities to expand the local public education system with student-centered Choice Schools.”
Union activists behind the lawsuit to overturn HB 562 contend money spent on public charter schools diverts money from traditional public schools. Montana officials rightfully maintain that "no improper diversion occurs because choice schools are public entities and part of the public school system." A lower court previously confirmed the state is "likely correct."
Charter schools are tuition-free schools that are publicly funded but independently run. Most charter schools are exempt from many state laws and regulations but are subject to a contract that includes goals, fiscal oversight, and accountability. If charter schools don't perform, they can be closed.
We told Montana judges in our coalition brief (citations omitted):
"Contrary to Plaintiffs’ assertions, these positive academic results occurred in states where charter schools have broad exemptions from state laws and regulations affecting public schools. For example, Idaho charter schools experienced strong academic growth in reading compared to traditional public schools. In last year’s data, the ten best schools in Idaho for reading growth were all charter schools. Based on this success, Idaho has continued advancing laws that make charter schools easier to operate. Like Idaho, Missouri also had positive academic outcomes with charter schools, as it experienced overwhelmingly strong results in both reading and math in its charter schools compared to its traditional public schools.
Perhaps broad exemptions afforded to charter schools help promote a quality education for students. For over three decades, children across the country have attended public charter schools and became more successful students as a result. Charter schools demonstrate positive effects on their students. Montana’s Choice Schools provide quality education because they follow the model that has led to success in other states."
Idaho has more than 70 charter schools and a new law was passed this year that makes them easier to operate. Discussing Idaho’s charter schools, Kimberly School District Superintendent Luke Schroeder recently said:
“You have to look at education for your entire community, not just your district. It’s human nature to be competitive, but we’ve got to put our egos aside and see what’s best for kids … At the end of the day, we just can’t be territorial about education.”
MSPC believes that education choice means an all of the above approach – traditional public schools, public charter schools, magnet schools, micro-schools, homeschooling, and more. Allowing families more education options shouldn't be a controversial idea. Montanans have waited long enough. We’re hopeful that Montana judges will agree.