Case Overview
With the passage of the Community Choice Schools Act (CCSA) in 2023, Montana joined 45 other states with laws that expressly authorize the creation of public charter schools (called Choice Schools under Montana’s unique charter framework) as options for families. A complaint challenging the CCSA’s constitutionality was filed in June 2023, and the case remains pending before Montana District Court.
Frontier Institute, joined by the Montana Family Foundation, Mountain States Policy Center, and Ed Choice, filed an amicus brief in the court case challenging the CCSA.
Status
In September 2023, a preliminary injunction was issued against the bill in the Lewis and Clark County District Court, halting parts of its implementation.
Specifically, the order temporarily halts implementation of Sections 5–16 of the CCSA and establishes that the newly created Community Choice School Commission may not “approve or deny applications for authorizers or choice schools while the preliminary injunction is in effect.”
However, the order does not block section 4 of House Bill 562, allowing the Community Choice School Commission to meet, hire staff, approve by-laws, develop procedures and otherwise fulfill its duties to lay the groundwork for choice schools.
Frontier Institute issued the following statements following the decision:
“This order deprives Montana students of the opportunity for a quality public education that fits their unique learning needs,” said Kendall Cotton, President & CEO of Frontier Institute. “While this order is a temporary setback for Montana families who deserve to have their children access the same quality public education options available to families in 45 other states, we remain confident that the Community Choice Schools Act will ultimately be upheld by the court.”
“It‘s a relief Judge Abbott can see from the law that there is no harm to the plaintiffs by allowing the Community Choice School Commission to begin laying the groundwork for Choice Schools, filling in some of the unknowns for the court to assess as the case progresses,” said Trish Schreiber, Senior Education Fellow at the Frontier Institute, who was appointed to Chair the Community Choice School Commission.
Summary of Brief
Frontier Institute’s brief emphasizes 3 key points:
- Constitutionality: The CCSA properly acknowledges the requirement in the Montana Constitution for the Board of Public Education to exercise “general supervision” over Choice Schools.
- Consistency: The CCSA’s framework is consistent with the understanding of constitutional requirements for state board supervision of charter schools in other states.
- Quality: The data on similar schools in other states demonstrates that Choice Schools will provide equality of educational opportunity and offer a quality education to Montana students.
Media Mentions and News Coverage
MSPC joins legal brief defending Montana’s new charter school law
EdChoice Legal Advocates Moves to Defend Montana Charter Schools