A Montana state judge in Helena has issued a ruling blocking certain provisions of a law passed by the 2023 Legislature, which aimed to establish a system of charter schools, also referred to as “community choice schools.” In his decision, Judge Chris Abbott of Lewis and Clark County District Court prohibited state officials, including Superintendent Elsie Arntzen, from enforcing significant portions of House Bill 562, approved by lawmakers earlier in the year. However, he did not block a section of the bill that created an autonomous state commission to oversee the new choice school system. The commission members have been appointed and can proceed with their duties, except for considering charter school applications or local entities seeking charter approval while the case is ongoing.
The plaintiffs who sought the injunction, including the Montana Quality Education Coalition, the League of Women Voters of Montana, and individual parents and educators, argued that HB 562 violated the Montana Constitution on various grounds, including the diversion of state funds to what they consider non-public schools.
Judge Abbott’s decision comes after a hearing in Helena where supporters and critics of HB 562 presented their arguments. The judge closely examined details and hypothetical scenarios during the hearing, particularly focusing on the issue of electoral accountability within the new choice school system. The law allows existing public school boards to apply to become authorizing agents for charter applications in their districts. Once approved, new charter schools must establish their boards elected by staff and parents. Plaintiffs argued that this final step denied other residents in a charter school district their constitutional right to participate in local elections.
In his ruling, Judge Abbott agreed with the plaintiffs, stating that the competition for enrollment and state funding generated by choice schools gives every qualified elector in the district an interest in the outcome of those choice school board elections. He concluded that there was “no compelling interest in excluding electors merely because they are not employed or enrolled in the school.” Abbott also noted that the plaintiffs were “likely to succeed” in their claims challenging the constitutionality of that electoral model.
Regarding the seven-member state commission, Abbott questioned whether it infringed on the constitutional authority of the Board of Public Education. He characterized the board’s supervisory powers over the commission as nominal and indicated that the legislature had placed the commission under the general supervision of the board in name only.
Despite the injunction, supporters of the law expressed optimism that the state would ultimately prevail. The Helena-based Frontier Institute called Abbott’s ruling a “temporary setback” and expressed relief that the commission could continue laying the groundwork for choice schools.
With the partial injunction in place, further legal proceedings and a potential trial are expected.