Opposition to SB177- Expansion of Choice Charter School Commission

Summary of SB177:

SB177 seeks to expand the authority of the Choice Charter School Commission, which was established by the 2023 Legislature. This expansion includes allowing the Commission to seek public funding, thereby diverting resources away from public education to support non-public, community choice schools. Furthermore, the bill clarifies the role of the Commission in receiving and expending private donations. Notably, no fiscal note is attached to this bill, leaving unclear the financial burden it may impose on public education systems in Montana.

Points:

1. Diverting Public Funds to Non-Public Schools: This bill would allow non-public community choice schools to receive public funds. Montana’s public schools, where 90% of our youth are educated, would bear the brunt of this diversion. Public schools are already underfunded and facing challenges in providing for all students. Diverting these funds weakens our public education system, which is the foundation of an educated citizenry.

2. Public Schools Serve All Students: Public schools are required by law to serve all students, regardless of income, location, disability, ethnicity, or other factors that might otherwise be used to exclude students. In contrast, private and charter schools often have selective enrollment policies. Funding private institutions with public money undermines this vital principle of equal access to education for all children in Montana.

3. Impact on Teacher Pay, Hiring, and Educational Programs: The diversion of public funds to non-public schools directly affects the resources available for public education, including hiring quality teachers, increasing teacher pay, and funding essential educational programs. Public schools are critical for developing foundational skills in reading, writing, and math, which are key to raising student performance and long-term outcomes. These programs are essential not only for academic achievement but also for preparing students for success in trade schools and higher education.

4. Economic and Long-Term Impact on Montana’s Future: When public schools are underfunded, it is harder to retain talented educators and provide students with the opportunities they need to succeed. Without these vital programs, families and students may be forced to leave the state in search of better opportunities. This outflow of families impacts the state’s tax base, further depleting the financial resources needed for public services and economic growth. A well-funded public education system is essential for building a strong, vibrant future for Montana’s economy.

5. Montana’s Constitutional Commitment to Public Education: The Montana Constitution in Article X, Section 1 clearly mandates that “the Legislature shall provide a basic system of free quality public elementary and secondary schools.” Expanding the funding of non-public schools directly contradicts this constitutional responsibility, undermining the commitment to a fully funded and accessible public education system.

6. Fiscal Responsibility: No fiscal note has been attached to this bill, making it unclear how the proposed funding shifts would impact taxpayers. The lack of transparency regarding the financial impact is concerning, especially in a time when schools across Montana are already struggling with limited resources. Any additional public funding should be directed to strengthening and supporting the schools that serve the vast majority of Montana’s students.

7. Potential Legal Issues: The diversion of public funds to non-public schools could also be in conflict with other provisions of the Montana Constitution. Specifically, the requirement for the state to “ensure the quality of the public schools” and the prohibition against using public funds to support religious schools under the Montana Constitution’s separation clause in Article II, Section 5.

   
   

Separation of Church and State:

An important constitutional issue with this bill is the potential violation of the principle of separation of church and state, as enshrined in both the U.S. Constitution and the Montana Constitution. The First Amendment of the U.S. Constitution prohibits the government from establishing a religion or interfering with religious practices. Similarly, Montana’s Constitution in Article II, Section 5 ensures that "no public funds shall be used to support any church or religious institution."

By diverting public funds to non-public schools—many of which are religiously affiliated—SB177 could potentially breach this fundamental separation. Institutions that receive these funds may use them for purposes that go beyond education, potentially indoctrinating students with religious teachings rather than focusing solely on academics. This not only violates constitutional protections but also undermines the inclusive, secular nature of public education that serves all students, regardless of their faith or background.

Conclusion:

SB177 represents a step toward privatizing education in Montana at the expense of our public schools. It undermines the principle of providing quality education to all students, as required by the Montana Constitution, and could also violate the separation of church and state. Rather than diverting resources to non-public institutions, we should be investing in and strengthening the public schools that serve nearly all of our students, ensuring that Montana remains a place where families want to live, work, and raise their children.