Missoula trustees vote to join Upper7 lawsuit challenging Montana school funding

The Missoula County Public Schools Board of Trustees voted to join Upper7 Law in litigation alleging Montana’s public-school funding system is unconstitutional, the board decided after a presentation and discussion that included local educators, union representatives and the district superintendent.

Attorney Andres Halliday of Upper7 Law told the board the firm has been meeting with districts, superintendents, parents and other stakeholders across Montana for more than a year to assess interest in a lawsuit that would challenge whether the state is providing equitable, constitutionally adequate funding. "We think now is the appropriate time, to get involved here," Halliday said during his presentation.

The board’s discussion touched on several categories Halliday identified as underfunded in state data and prior litigation: curriculum, special education, services for at-risk and limited-English-proficiency students, teacher and staff compensation, facilities, transportation and technology. Halliday described court findings and earlier funding litigation in Montana, including Helena Elementary and Columbia Falls, and said those cases required the state to define a "quality" education and fund its components.

Trustee Laura Walsh moved to join Upper7; Trustee Witcher seconded the motion. Trustee Mercer announced an abstention; the motion passed with the other trustees in favor. Trustee Walsh said she supported the move because "the state has heaps of money, more money than they've ever had before," and the district must act to avoid cutting programs or overburdening local taxpayers. Trustee Witcher said joining the suit would allow the board to tell teachers and families it had "done everything we can." MEA representative Scott Shook and a speaker from MFPE voiced public support during the public comment period.

Upper7 said the expected next steps would likely include preliminary filings before the end of the calendar year and document discovery. Halliday said the firm would ask cooperating districts to work with their superintendents and staff to provide documents and declarations; he described that assistance as likely to be substantive but not necessarily costly in direct fees to the district.

Board members asked about risks, donor funding for the plaintiff organization and potential political consequences. Halliday said Upper7 operates as a nonprofit funded by donations and that he had not observed direct retaliatory funding cuts against litigants in comparable cases. The board’s legal counsel raised no public objections during the discussion.

The board did not adopt any specific litigation strategy beyond authorizing participation with Upper7; the firm and district staff will coordinate next steps, including a list of documents and staff time needed for discovery.

The motion to join Upper7 passed with one abstention (Trustee Mercer) and the remaining trustees voting in favor.