MQEC was formed in 2001 by K-12 public school superintendents frustrated with the State of Montana’s declining financial contributions to public education and increased property taxes. Over 100 AA, A, B, C and Independent Elementary school districts and five education organizations have joined MQEC in pursuit of adequate funding for public education. MQEC is one of the largest education advocacy organizations in Montana, representing public school districts ranging from large to small, rural to urban, and east to west, as well as the teachers, trustees, and administrators who serve our students.
Article X of the Montana State Constitution states that “… The legislature shall provide a basic system of free quality public elementary and secondary schools.” MQEC is the “Constitutional Guardian” of Article X of the Montana State Constitution. MQEC has worked with and still working with Montana communities, public school communities, and, ultimately, public school students to, collectively, work with the State to meet the requirements contained in a meaningful, constitutionally-enforceable definition of the Basic System of Quality Schools (found in MCA 20-9-309).
Consistent with that title as “Constitutional Guardians” MQEC initiated, within the past year, several legal challenges in response legislative and political entity actions that would have a negative impact on Montana K-12 public schools. First, MQEC opposed the passage of HB 562 - the Community Choice Charter Schools Act and also has opposed its implementation. It was the position of MQEC that HB 562 was an unconstitutional bill. The Montana Free Press in its article on the press release and legal challenge to HB 562 stated that "the list of alleged violations in the complaint is extensive, including claims that HB 562 usurps the constitutional authority of existing local school boards and the Board of Public Education and that it fails to properly hold charter schools accountable to the state constitution’s Indian Education For All provision. Plaintiffs also argue the law “narrowly restricts” who can participate in elections for a charter school’s governing board and who can run in those elections, allegedly violating state and federal voting rights."
MQEC believed that if HB 562 was to be implemented, communities across Montana would see scarce public resources diverted from their local public schools to unaccountable private charter schools. Moreover, these charter schools could conceivably hire unlicensed teachers and would be exempt from many of the Montana Constitution's Title 20 statutory requirements that have been placed upon Montana's K-12 public schools, including, potentially, some health and safety laws. In addition, local property taxes would increase to maintain Montana’s public schools and this new parallel system of private charters. Finally, taxpayers would be denied their constitutional right to vote for and be represented on these private charters’ school boards. As such, MQEC had no choice but to oppose HB 562. MQEC was successful in having a preliminary injunction granted against HB 562. MQEC has now gone back to court and has asked for a summary judgement ruling against HB 562 on the grounds that the act is unconstitutional and unenforceable.
Second, the Montana Constitution guarantees each person equality of educational opportunity. Mont. Const. Article X, Section 1(1). Included within that right is the promise that the Legislature “shall provide a basic system of free quality public elementary and secondary schools” and that it “shall fund and distribute in an equitable manner to the school districts the state’s share of the cost of the basic elementary and secondary school system.” Mont. Const. Article. X, Section 1(3). Some Montana county government entities disagreed. MQEC believed that the decision by some Montana counties to reduce the 95 mills to a milage amount lower than 95 mills significantly interfered with the state-wide school equalization funding process and Montana’s constitutional and statutory obligation. Again, MQEC had no choice but to challenge this action.
As such, in October of 2023, MQEC filed a Writ of Mandamus request with the Montana Supreme Court to prevent Montana counties, through county commissioner action, from reducing state-wide school equalization funding from its statutory 95 mills to 77.89 mills. This unprecedented action, taken by some Montana counties, could have potentially reduce public school funding for Montana K-12 public schools by approximately $160 million dollars over the next legislative biennium. On November 22, 2023, the Montana Supreme Court, in a unanimous decision, affirmed the position taken by MQEC on the 95 mill question and ruled that the Montana Department of Revenue’s (DOR) calculation of the 95 school equalization mills provided a protective shield for residential property taxpayers and students educated in Montana’s public schools. The Court’s decision respected and preserved bipartisan decisions made by the 2023 Legislature estimating revenues and appropriating funds to fund Montana’s public schools. The Montana Supreme Court ordered that the counties to levy state-wide mills pursuant to DOR’s calculations for the current and future tax years.
Third, MQEC opposed the enactment of HB 393, the Students with Special Needs Equal Opportunity Savings Account Act. The bill came as part of the 2023 Montana Legislature’s concerted effort to privatize education. Masquerading as aid to students with disabilities, HB 393 would public money out of local school district accounts and hand it directly to private individuals with little to no oversight. It would do this by creating a voucher system that allows parents of students with disabilities to pay for a wide range of “educational expenses,” from tutoring to test prep to tuition. These payouts—starting at over $5000 per year per student—would come out of a school district’s general fund budget and compromise the economies of scale that allow public schools to provide quality education, including special education that is tailored to meet the needs of students with disabilities. In December of 2023, MQEC filed a lawsuit against HB 393 and asked the court to, again, declare the act unconstitutional and unenforceable because HB 393 violated, in a number of areas, the Montana Constitution.
Fourth, in April of 2024, MQEC, once again, sought legal resource through the filing of a preliminary injunction request in opposition to the interference from the Montana Office of Public Instruction (OPI) into the opening of public school/charter schools authorized by the Montana Board of Public Education (BPE) under the Public Charter School Act (HB 549). As the MQEC brief states in the judicial challenge to OPI interference, “Montana’s Constitution established the BPE as the constitutional authority “to exercise general supervision over the public school system and such other public educational institutions as may be assigned by law.” Mont. Const. art. X. § 9(3)(a) . Though the constitution permits the legislature to assign additional responsibilities to the BPE, it is independent, and its authority may not be encroached or otherwise infringed by an executive, including the Superintendent of Public Instruction or the Office of Public Instruction.”
MQEC has faithfully endeavored to fulfill its mission as the “Constitutional Guardian” of Article X of the Montana State Constitution. Below, you will find links to a number of documents that address the legal efforts, over the past year, made by MQEC to encourage Montana governmental entities to meet the requirements contained within the constitutionally enforceable definition of the Basic System of Quality Schools (found in MCA 20-9-309).
Always remember, MQEC membership is open to public school districts, educational organizations, and individuals. Please contact Doug Reisig, MQEC Executive Director, for additional information about MQEC.
© MQEC2023
Motion for Preliminary Injunction - HB 562
Judge Abbott’s Preliminary Injunction Opinion and Order
Motion for Summary Judgement - HB 562
Montana Supreme Court Order - 95 Mills
Motion for Declaratory Injunction - HB 393
Motion for Preliminary Injunction in Opposition to OPI Interference - Public Charter School Act