EdChoice advocates submit amicus brief for Montana charter schools

EdChoice Legal Advocates has taken legal action to defend Montana's Community Choice Schools Act. The organization, in collaboration with Montana's Frontier Institute, has filed an amicus brief, also known as a "friend of the court" brief, supporting the law in the ongoing case of Felchle v. Montana. The brief, submitted on August 2, 2024, also finds backing from the Montana Family Foundation and the Mountain States Policy Center.

The Community Choice Schools Act, established in 2023, allows the formation of public charter schools in Montana, aligning the state with 45 others that endorse similar education options. The law is currently under judicial review in Montana District Court, located in Lewis and Clark County, following a constitutional challenge initiated in June 2023.

"All around the country, charter schools provide innovative options for families seeking better schools for their kids,” stated Thomas M. Fisher from EdChoice Legal Advocates. He emphasized the importance of the Community Choice Schools for Montana families, indicating that they follow a legal framework used elsewhere. Therefore, defending these options remains a priority for EdLA and its allied groups.

Dissenters argue that the Community Choice Schools Commission unlawfully exercises power that should belong to the Board of Public Education. However, EdLA's brief suggests that the state Board retains proper oversight of these schools, akin to other public schooling systems. Furthermore, the brief cites 15 other states with similar governance that do not grant exclusive control to state education boards.

EdLA advocates noted the general success of charter schools across the nation, highlighting their ability to outperform traditional schools by avoiding certain regulatory constraints. Since 1992, 46 states and the District of Columbia have recognized charter schools, with nearly 8,000 institutions operating and providing education to millions of students. Data shows that charter school students often experience superior academic outcomes.

Kendall Cotton, President & CEO of Frontier Institute, expressed confidence in the constitutionality of Montana's Community Choice Schools Act. "We and our co-signers are asking the court to uphold the Community Choice Schools Act and preserve this opportunity for Montana communities to expand the local public education system with student-centered Choice Schools,” Cotton stated.

The EdChoice organization, established as a nonpartisan nonprofit, launched EdLA in 2023 to defend educational choice programs nationwide.

Felchle v. State Amicus filing

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