Overview
In 2023, Montana became the 46th state in the country to pass charter school laws. Charter Schools are tuition-free, independently operated public schools afforded greater regulatory flexibility to build a learning environment and curriculum that fits the unique needs of their students.
Montana law now supports two different types of charter options for public education: Community Choice Schools and Public Charter School programs. This guide will focus on Community Choice Schools authorized by the Community Choice Schools Act.
What to Expect
What is a Choice School?
While Traditional Public Schools adopt uniform standards for all students, Choice Schools in Montana are student-focused public schools created and designed to serve the unique needs of a particular student population and to achieve a specific set of educational objectives.
Like Charter Schools in other states, Choice Schools in Montana can be created and governed by an independently selected school board made up of community volunteers.
Choice School boards apply to the Choice School Commission for approval. If approved, Choice Schools enter into a charter contract with the Commission and must adhere to the agreements made in their contract, including on-going general government supervision, performance monitoring, and oversight.
Enrollment
Choice Schools will be open to all students living in the state of Montana, with preference given only to siblings of enrolled students and children of school employees or board members. Preference enrollment is not to exceed 10% of the total school enrollment.
A Choice School will accept all students who wish to attend, unless the number of students exceeds the school’s capacity. When there are more applicants than spots available, a lottery will be used to randomly select students.
Standards
Choice Schools are granted broad flexibility from traditional public school regulations to accommodate innovative educational programs, curriculum designs, educator qualifications, etc. that wouldn’t otherwise be allowed under current state education law.
For example, one potential Choice School in Miles City, Infinity Education, plans to focus on helping students with special needs. One aspect of their school’s design is to group students in classes by learning ability, rather than chronological age like in traditional public schools.
State law requires Choice Schools to uphold a performance framework agreed to in the charter contract which includes annual performance targets for academic proficiency and achievement, enrollment, attendance, post-secondary readiness, financial performance and operational health of the program. The Performance Frameworks will be used to decide upon renewal at the end of the charter contract. Click HERE to view the basic performance contract adopted by the Choice School Commission.
Curriculum
Choice Schools will have specific purpose statements and missions that guide them in creating innovative programming, curriculum and learning environments tailored to the specific design of their schools.
For example, one potential Choice School proposed near the Fort Belknap Reservation aims to provide a unique Montessori program with dual language instruction that focuses on providing American Indian students with unique academic and cultural knowledge. Another potential Choice School, Polaris Academy, is working toward building a Barney Charter School, utilizing the classical learning model, in collaboration with Hillsdale College.
Facilities
Choice Schools in Montana will acquire their own school facilities, placed in locations that may be atypical for public schools. They will also be allowed to lease at or below fair market value a closed or unused portion of a public school facility or property.
How to Choose a Choice School Program
At this time, no Choice Schools are allowed to be authorized due to a pending legal challenge. However, Montana’s Choice School Commission has begun to develop guiding policies, applications, contracts and performance frameworks in preparation for authorizing and renewing Choice Schools. The Choice School Commission meetings are available for public viewing and provide valuable insight into how Choice Schools will be authorized and how parents and community members can get involved in the creation of Choice Schools.
We will also be updating this website with news when, hopefully, this choice is officially made available for your student.
Facts about Choice Schools
Are Choice Schools private schools?
No. Choice Schools are by definition tuition-free public schools, available to all students. Choice Schools must adhere to the agreements made in their charter contract with the government’s designated authorizer, including on-going general supervision, performance monitoring, and oversight. Additionally, Choice Schools will be responsible for administering and offering all provisions in IDEA, federal special education law.
In Montana, the Choice School Commission is the statewide authorizer of Choice Schools and is under the general supervision of the Board of Public Education.
Are Choice Schools for-profit schools?
No. Choice Schools in Montana are required by law to be non-profit, public schools explicitly prohibited by law from charging tuition.
Can Choice Schools cherry-pick students?
No. Though Choice Schools may have a mission to serve particular types of students, as public schools they must remain free and open to all students. Additionally, as public schools choice schools must adhere to all federal civil rights laws which prohibit discrimination in admissions on the basis of disability, race etc.
More Resources
Community Choice Schools Commission
Community Choice Schools Commission Bylaws
Choice Commission Six Month Update
Choice Schools & Public Charter Schools Comparison Chart
National Alliance for Public Charter Schools
National Charter School Institute
National Charter School Resource Center
IMPORTANT DISCLAIMER: Parents should know that The Community Choice Schools Act faces a pending legal challenge, and there is a temporary partial-injunction in place while the case is heard in court. At this time, no Choice Schools are allowed to be authorized. However, Montana’s Choice School Commission is allowed to raise money, hire staff, and carry out their duties of implementing the law in preparation of eventually authorizing Choice Schools.
Read Frontier Institute’s Press Release for more information about the lawsuit. We will also be updating this website with news when, hopefully, this choice is officially made available for your student.
To stay updated about the pending legal challenge and the progression of Community Choice Schools, click the button below to sign up.
