Montana School Finance Lawsuit Filed -- Rural Policy Matters, Volume 4, Number 10 (October 2002)

Several Montana school districts, parents, and the Montana teacher's organization filed suit in state court in early September claiming that the state school finance system is unconstitutional because it does not provide schools and students with adequate funding. The plaintiffs argue that the state's school funding system does not allow schools enough money to meet state standards, which violates the Montana constitutional requirement that the state provide a "basic system of free quality public elementary and secondary schools." In addition, the suit alleges that the funding system is not based on the actual cost of providing a quality education and fails to ensure that all schools are equally equipped to give students a solid education. According to the lawsuit, without additional state funding, schools will be forced to layoff teachers, drop a number of classes and extracurricular programs and let school facilities go without maintenance.

The Montana Quality Education Coalition, an organization of 51 school districts representing more than half of the state's public school children, is funding the law suit. The coalition, which has raised about $200,000 in dues this year, previously joined four other statewide education organizations to fund a professional study of the state's public school funding system. The results of that study show Montana schools are $170 million short of what they need to meet state and national standards.

Some Montana education groups are not supporting the lawsuit. The Montana School Boards Association and the Montana Rural Education Association--both plaintiffs in previous funding lawsuits--have decided not to enter the case, opting instead to focus on legislative solutions during the 2003 legislative session.