A lawsuit has been filed in district court against the Office of Public Instruction and Superintendent Else Arntzen asking a judge to determine that the process for opening new public charter schools falls under the Montana Board of Education and not OPI.
The Montana Quality Education Coalition filed the suit March 28 in district court in Helena on behalf of several education groups, including the Montana School Board Association, the Montana Federation of Public Employees, the School Administrators of Montana, the Association of School Business Officials, the Montana Rural Education Association and more than 100 school districts statewide.
The lawsuit comes after Arntzen and OPI published guidance for opening public charters in February that differs from the process MBE has used and has stated is what was specifically prescribed by a bill enacted by the 2023 Legislature.
Earlier in March, legislators met to discuss the process and said that Arntzen and OPI were creating an unnecessary roadblock for those charter schools that MBE approved in January.
On March 25, the MBE held a special meeting to approve a letter to Arntzen, directing her to recognize their authority and the process detailed in the new law and take specific steps to help the 19 approved public charter schools open.
In their suit, the education groups as the court to declare the MBE’s authority to approve and open public charter schools is valid and to direct Arntzen to comply with the board’s March 25 directive to her.
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“Superintendent Arntzen and OPI are usurping the power the Legislature specifically provided to BPE, not OPI, to open public charter schools by attempting to require them to jump through administrative hoops that are designed for opening and reopening noncharter public schools, even though those rules are inapplicable and incompatible with the creation of charter schools,” under state law, according to the lawsuit.
Her actions “violate the newly enacted laws and unjustifiably delay recognition of approved charter schools, leading to irreparable harm to constitutionally empowered school boards attempting to set their budgets and serve students by opening new charter schools in 2024 as authorized by the constitutionally empowered BPE,” according to the lawsuit.
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The lawyers for the education groups argue that the 2023 legislation created a new section of state law that specifically addressed the application and approval process for public charter schools, so the existing section of law that addresses opening traditional public schools does not apply.
They argue that the law also designates the BPE as the sole authority for review and approval of public charter schools and their regulatory oversight.
The law was effective last summer and the MBE opened applications that were due last fall, then reviewed them and approved 19 in January.
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Arntzen is an ex officio non-voting member of the BPE and was aware of their authority and the process for opening public charter schools, according to the lawsuit.
“Disregarding the broad authority conferred on the BPE, Superintendent Arntzen and the Office of Public Instruction adopted the position that public charter schools are subject to an additional layer of red tape and bureaucracy beyond that authorized by [the law],” according to the lawsuit. “Not only is Superintendent Arntzen’s and OPI’s interference with the opening of public charter schools based on an incorrect interpretation of the law, their approach unconstitutionally and impermissibly usurps public charter school approval authority away from the BPE as intended by the Legislature and grants such authority to boards of county commissioners whose determinations are not subject to the express legislative guidance governing the approval, opening and operation of public charter schools.”
In a statement posted to her Facebook page, Arntzen responded to the lawsuit, stating “as a constitutional conservative, I am being attacked because I have stood up for Montana parents, families and taxpayers, not special interests. This is politically motivated from a bureautic group that is funded by taxpayer dollars with no accountability. While this group wastes time and Montanan’s money suing my office, I will continue to focus on delivering results for our Montana students. I will not waste time participating in childish rhetoric. My office will continue to follow the law and use our precious taxpayer dollars to put Montana students and parents first.”
Great Falls Public Schools Superintendent Tom Moore to The Electric this week that the district is moving forward with their plan to open the new CORE School, a public charter the BPE approved, unless the BPE or a judge directs them otherwise.
The enrollment lottery for CORE School opened March 26 and the new school is planned to open for the next school year.
