A top Montana education official is being sued for allegedly obstructing the opening and operation of 19 new public charter schools in the state.
The Montana Quality Education Coalition (MQEC) and the Montana Office of Public Instruction (OPI) have different interpretations of House Bill 549, the charter school law passed last legislative session.
The coalition filed a lawsuit against state Superintendent of Public Instruction Elsie Arntzen and OPI on Thursday, arguing that the certification is an unnecessary hurdle.
“The (Public Charter School Act) does not impose responsibility for approving public charter schools on the Office of Public Instruction or the Superintendent of Public Instruction,” the complaint states.
MTN contacted Arntzen on Friday, but he was unavailable and issued a written statement regarding the MQEC complaint.
“As a constitutional conservative, I'm being attacked because I've been standing up for the parents, families and taxpayers of Montana, not for special interests,” Arntzen said. . “This is politically motivated by a group of bureaucrats funded by taxpayers with no accountability. While this group wastes time and Montana money suing my office, I I remain focused on delivering results for Montana students. I will not waste my time partaking in childish rhetoric. My office will continue to follow the law and support Montana students. We will use your precious tax dollars to put students and parents first.”
Many of Montana's education leaders are already preparing for next fall, as the state's first public charter schools are scheduled to open.
MQEC Executive Director Doug Reisig said: “This is a critical time for them to start. Many of them have made progress and now we are facing this issue on this path. ” he said.
The issue is now a new set of approvals required from the state's county superintendents and county commissions, according to Reisig, who, like Reisig, maintains that was never the intent of Congress regarding public charter schools. There are some people.
“There is nothing in the law that says OPI can impose additional opening requirements,” Reissig said.
In a letter to the public school board last week, she said:
“The pre-opening process requires each school to ensure that all buildings, health, safety, insurance and Other legal requirements for opening a school” § 20-6-806(8), MCA. Because HB 549 did not change or waive any legal requirements, the Board may create policies (or regulations) that change those requirements. The Office of Public Instruction (OPI) shall comply with existing legal requirements for opening schools in Chapter 20, Chapter 6, Part 5 or with the policies (or regulations) of the Commission establishing the process for opening public charter schools. It will be. § 20-3-106(30), MCA. ”
She also addressed her letter at Monday's public school board meeting.
“We don't want to do anything that would challenge their request,” Arntzen said of OPI and the proposed charter school. “We want to get this completed in a timely manner. We want to make sure the letter of the law is followed.”
The coalition argues that Arntzen's role in enforcing the law should be minimal.
OPI and MQEC have both indicated that charter schools will open next school year.
