Charter school bill moves closer to head of class

HELENA — The House of Representatives had a fiery discussion Friday before giving tentative approval to a proposal that would establish a public charter school system, ending with the bill’s sponsor vowing that if it were defeated he would continue to bring the bill back in future sessions until it passed.

House Bill 376, sponsored by Rep. Jonathan Windy Boy, D-Box Elder, passed 57-43, leaving it up for a third reading before moving to the state Senate. The vote was mostly along party lines except that Republicans Walt Sales of Manhattan and Geraldine Custer of Forsyth voted no.

Windy Boy of Box Elder wants to establish a seven-member charter school commission to oversee the new program. Democrats have generally been opposed to charter schools. He said earlier his bill does not divert public school funds to any religious or private schools. He said it’s a school within a school. The existing Average Number Belonging funding that funds students still exists and will be used to fund students in public charter schools.

The bill also defines public charter schools and outlines requirements for a district.

Charter schools have been defined as public schools operating under a contract entered into between the school and its authorizing agency.

According to the bill, the trustees of a school district may pass a resolution to submit to the public charter school commission a proposal to establish a public charter school if at least 20 percent of the electors of the school district sign a petition requesting it creation.

Republican leaders say Windy Boy’s proposal could provide the necessary flexibility to help struggling students, particularly those in Montana’s Native country.

A legislative legal review raised concerns about whether the Legislature has the constitutional authority to establish a charter school commission.

Democrats said Friday such schools could siphon much-needed funds from public schools.

Windy Boy denied the claim.

Rep. Jacob Bachmeier, D-Havre, said the proposal was a bad idea.

“This bill is not only fiscally irresponsible, but its constitutionally inappropriate,” he said.

The debate on the House floor reflected party lines.

Rep. Amanda Curtis, D-Butte, said it was “morally wrong to use Native American children as a pawn in a political game.”

Rep. Bryce Bennett, D-Missoula, said the schools would have no accountability.

“It’s the wild West for these schools,” he said, warning that white supremacists could start schools for white students only.

House Speaker Austin Knudsen, R-Culberston, entered the fray, saying people should have the freedom to decide.

“We have a choice in every single facet of our lives and we embrace that … except with public education,” he said. “I don’t understand the fear. This is a fantastic bill.”

He said charter schools are thriving and Montana was one of seven states without them.

Windy Boy said he would continue to get legislation for charter schools, saying he has seen lawmakers come and go in his 16 years in the Legislature.

“I’m going to be here 10 years from now and I am still going to be pushing this,” he said. “This thing is going to pass.”