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House passes charter school cleanup bill clarifying opening timelines and funding rules
Summary
House Bill 28, revising public charter school approval timelines, opening procedures and first-year funding rules, cleared second reading 74-26 after sponsors said it clarifies implementation of the 2023 charter law.
The Montana House advanced House Bill 28 by a 74-26 vote, approving changes the Board of Public Education requested to clarify timelines, procedures and funding for public charter schools created under the 2023 law.
Representative Beatty, who introduced the bill at the board's request, said the changes amend Title 20, chapter 6, part A of the Montana Code Annotated to clarify Board of Public Education responsibilities, specify business-day timeline requirements and exempt charter schools from certain school-opening provisions that conflict with the charter statute. The bill also clarifies how per A and B entitlement and basic entitlement funding are calculated for charter schools depending on whether they are created within an existing local school district or as a separate charter school district with its own elected board.
Beatty explained the funding distinction: a charter created within an existing district receives basic entitlement only in its first year because enrollment-based per A and B funding has already flowed to the local district for the prior year; a newly created charter school district receives per A and B entitlement in its first year based on projected enrollment and is subject to clawback provisions if actual enrollment falls short.
Representative Gist asked about the bill's retroactive applicability. Beatty said the retroactive provision is intended to clarify funding treatment for charter school districts already approved under the 2023 law and to reflect historical practice where there was confusion. Representative Deming said he would oppose the bill, citing unanswered committee questions and concern that amendments might still disadvantage charter students. Supporters said the bill levels the playing field and enables the Board of Public Education to implement the program agreed in 2023.
Motion and vote: Representative Beatty moved that the committee recommend House Bill 28 "do pass." The clerk recorded 74 ayes and 26 no votes; the bill passed second reading.
Next steps: HB 28 will proceed to subsequent legislative steps for final consideration.
