1. MQEC Spring Update 2018
Western MASS

2. The Montana Constitution Drives Our Actions
The legislature shall provide a basic system of free quality public elementary and secondary schools. (Article X, Section 1)
The legislature shall not make any direct or indirect appropriation or payment from any public fund or monies to aid any school controlled in whole or in part by any church, sect, or denomination. (Article X, Section 6)
No appropriation shall be made for religious, charitable, industrial, educational, or benevolent purposes to any private individual, private association, or private corporation not under control of the state. (Article V, Section 11(5))

3. MQEC’s Current Court Activity – SB 410
Background
SB 410 permits a $150 tax credit to individuals and corporations that donate funds to public or private K-12 schools.
The bill states the tax credit will comply with Article V Section 11 and Article IX Section 6 (prohibit aid to sectarian schools; appropriations must be to entities under the control of the state).
The MT Department of Revenue established administrative rules that excluded church-affiliated schools from the donation program.
Parents of students attending church-affiliated schools challenged these administrative rules.

4. MQEC’s Current Court Activity – SB 410 (cont)
The Issues
The bill itself opens the door to privatization – state support of private entities via public funds. Any decrease in available funding is harmful to our public schools and students.
The Montana Constitution is clear in its prohibition of the use of public funds for religious organizations.

5. MQEC’s Current Court Activity – SB 410 (cont)
The Issues
Over the past decade, the state has made significant progress in meeting the constitutional requirement of providing quality education. However, there are several areas where adequate funding is not present:
Special Education
School Facilities
Recruitment and Retention of teachers in rural/isolated districts
Until the state fully meets its constitutional obligation to public education, it should not divert financial resources to ‘optional’ endeavors.

6. SB 410 Status 3 Cases Are Pending Espinoza v. MT Department of Revenue
Flathead County District Court ruled in favor of the plaintiffs. The appeal was heard by the full Montana Supreme Court on Friday, April 6, 2018.
Armstrong v. MT Department of Revenue
Federal District Court (Helena) dismissed the case pending the outcome of Espinoza. The appeal was heard by the U.S. Ninth Circuit Court of Appeals on March 6, 2018.
MQEC v. State of Montana and MT Department of Revenue
Case has been filed but no action has been taken yet. The MT Attorney General is likely waiting for Espinoza and/or Armstrong to be decided.

7. MQEC’s Legislative Priorities
Preserve the existing funding formula and insist that existing statue be followed regarding:
Return of the Data for Achievement payment (SB 261)
Continued expansion of Guaranteed Tax Base (GTB) (HB 647)
Funding for school facilities improvement program (HB 647/SB 307)
Support funding for retention and recruitment efforts:
Student loan forgiveness (HB 119)
National Board Certification stipends (SB 115)

8. MQEC’s Legislative Priorities (cont)
Ensure application of inflation to all elements in the funding formula, particularly special education.
Successfully defeat efforts to fund charter schools, tax credits, vouchers, and education savings accounts with public funds at the expense of funds that would otherwise be committed to our public schools.
Preserve the Board of Public Education’s accreditation standards and local district control.

9. Questions?
MQEC Board of Directors Dave Marzolf, Sun River Valley Schools – MQEC Board Chair Corey Austin, Target Range School Steve Bradshaw, Columbia Falls Public Schools Jack Copps, Helena Public Schools Mark Johnston, Ronan Public Schools Tammy Lacey, Great Falls Public Schools Les Meyer, Fairfield Public Schools Renee Rasmussen, Bainville Public School Monte Silk, Sidney Public Schools Ron Whitmoyer, East Helena Public Schools Jon Wrzesinski, Baker Public Schools Denise Williams, MASBO Dennis Parman, MREA Eric Feaver, MEA-MFT Lance Melton, MTSBA Marco Ferro, MEA-MFT Kirk Miller, SAM
Dianne Burke
MQEC Executive Director
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