Many of these red flags have not gone unnoticed. There have been efforts to repair Montana’s declining K-12 education system and even introduce school choice. Among the hundreds of bills considered each year, several promising initiatives passed. Here are five recent examples:
1. Teacher Recruitment & Retention. In 2021 the state legislature passed a bill incentivizing local school districts to increase salaries for teachers in their first three years. In 2023, those incentives were expanded to include educators with provisional licenses working toward full certification. Montana made it easier for retired teachers to return to work without risking their pensions and even extended eligibility for student loan assistance to newly hired teachers.
Why it’s not working: Funding for public schools has reached all-time highs, yet money is still not tricking down to the classroom. Instead, precious funds are spent on administration and facility costs. When districts are not accountable for student learning, they do not allocate their resources to teachers and classrooms. Thus, the state is experiencing severe teacher shortages every August.
2. Expanding Open Enrollment. In 2023, Montana altered its open enrollment policies. Parents no longer have to pay tuition to send their child to a school outside of their assigned district. The cost of educating a student in a different district remains with the district where the family resides. Because the funding is tied to property taxes, essentially the sending district now has to pay the receiving district the cost for educating open-enrolled students.
Why it’s not working: The sending district must now issue a non-voted levy on their own taxpayers to cover the cost for open enrollment students. These changes don’t fix the problem because funding practices remain unnecessarily complicated and insensitive to families’ needs. Instead of encouraging families to find the school that works best for their children, Montana’s open enrollment policies increase the overall price to educate transferring students while generating distrust and confusion.
3. Private School Choice Expansion. In 2015, Montana enacted a tax-credit scholarship program. The program allows individuals and corporations to claim a 100% tax credit for contributions to approved student scholarship organizations (SSOs), nonprofits that provide scholarships for private school and tutoring. The cap on annual scholarships was recently increased from $2 million to $5 million.
Why it’s not working: Total scholarships cannot exceed $5 million annually. Thirteen of the 14 student scholarship organizations (SSO’s) only provide scholarships to one school and implement their own eligibility rules. These scholarship restrictions and single school SSOs greatly prevent the program from offering meaningful choice to a cross-section of Montana families.
According to EdChoice, only 1,050 students took advantage of tax-credit scholarships during the 2022-23 school year with the average scholarship being $2,190. Despite raising the statewide cap, this program could only serve 2,283 students, just 1.3% of all Montana students. Additionally, this limited access is not significant enough to spur the growth of private education providers, leaving few seats for students with scholarships.
4. District Charter Schools. Montana’s HB549 allows school districts to offer charter schools, meaning these schools will operate under the management of the local district while having some flexibility. The intent is to provide new programs to address students’ academic, career, and behavioral needs within their communities while maintaining district control.
Why it’s not working: In October 2023, the Montana Board of Public Education received 25 applications from district schools to organize programs as charter schools. These programs fall under the same regulations and will be managed by the same district system that many families want to escape. Why should Montana expect different outcomes from district schools by another name?
Five of the 25 districts are proposing new charters for students they are struggling to serve, including refugees, students at-risk of dropping out, and students with disabilities. The obvious question is whether starting new schools brings new solutions to the table or simply segregates these underserved populations into ‘separate but unequal’ settings.
5. Community Choice Schools. HB562 allows for Community Choice Schools to be authorized by an independent Charter Commission, which provides greater autonomy than local school districts. These independent charter schools would operate outside the traditional district system, thus fostering innovation, competition, and a diversity of options.
Why it’s not being allowed to work: The legality of Community Choice Schools is being challenged by the Montana Quality Education Coalition, a partnership between Montana’s teacher union, school board association, and school administrators association. An injunction has been placed to stop independent charter schools from being established and serving students for the 2024-25 school year. Thus, school districts remain the only public school option in Montana.
6. Education Savings Accounts. The Special Needs Equal Opportunity Education Savings Account (ESA) gives families with special needs students a savings account with up to $8,000 to spend on education services and resources. Eligible students must have an Individualized Education Plan (IEP) and be qualified as a “child with disabilities.” The student must also have attended public school in the previous school year or be newly eligible to attend public school in Montana.
Why it’s not working: Prior to the ESA law being passed, many families were already paying out of pocket for education programs and services outside of the district school system. The ESA law purposely excludes families that have already switched out of public schools before the law was passed, reducing accessibility. The state received 43 applications, 23 met the eligibility requirements but only 19 contracts were signed.