Frontier Institute Amicus Brief Filed In Felchle v. Montana

Statements from Frontier Institute and Co-Signers

FOR IMMEDIATE RELEASE
August 2nd, 2024
tavery@frontierinstitute.org

Frontier Institute Amicus Brief Filed in Felchle v. Montana

HELENA, Mont. – Montana’s Frontier Institute, joined by the Montana Family Foundation, Mountain States Policy Center, and Ed Choice, has filed an amicus brief in the court case challenging the Community Choice Schools Act, the law passed by the 2023 legislature authorizing Community Choice Schools as options for Montana families.

“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,” said Kendall Cotton, President & CEO of Frontier Institute. “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.”

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.

Leaders from co-signing organizations also provided statements:

“All around the country, charter schools provide innovative options for families seeking better schools for their kids,” said Thomas M. Fisher, vice president and director of litigation at EdChoice Legal Advocates (EdLA), a division of EdChoice, Inc. “Montana’s Community Choice Schools provide critical options for Montana families following a legal framework used in other states, which is why we are pleased to help lead a coalition of groups defending the Choice Schools Act.”

“The Montana Family Foundation is honored to join with like-minded organizations in securing educational freedom for Montana families and children through HB 562. This landmark law empowers parents to choose public community choice schools that best meet their children’s needs,” said Derek Oestreicher, Chief Legal Counsel for the Montana Family Foundation.

“Public charter schools are open to all students and free of charge. Studies continue to show that this type of public education alternative is making a positive difference in students’ lives,” said Chris Cargill, Founder and President of Mountain States Policy Center. “Neighboring Idaho has more than 70 charter schools and passed a new law this year making them easier to operate. Allowing families more education options shouldn’t be a controversial idea. Montanans have waited long enough.”

You can read the full brief HERE.

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.

Background on Montana’s CCSA:

• The CCSA was passed and signed into law in 2023 with the express goal of providing Montana families with “additional educational opportunities.”
• Prior to the passing of the CCSA, Montana was one of only 5 states without a law expressly authorizing the creation of public charter schools.
• The CCSA empowers Montana communities to create innovative Choice Schools by establishing a governing charter that outlines the purpose, responsibilities, governance and accountable performance standards for the school.
• Like all true public charter schools, Choice Schools are new student-centered public schools that are allowed greater flexibility to focus on specific types of learning needs while remaining free and open to all.
• Choice Schools are expressly prohibited from operating for-profit or charging tuition.
• Choice Schools are public schools under the general supervision of the Board of Public Education (BPE) and are mandated to deliver measurable academic results once approved.
• Choice Schools must follow all federal laws including the Individuals with Disabilities Education Act, the Americans with Disabilities Act, Title IX etc.

For bookings or interviews, contact tavery@frontierinstitute.org or 406-414-7146

Founded in 2020, Frontier Institute is a think tank based in Helena, MT dedicated to keeping Montanans free to build, create, and innovate.