Missoula trustees vote to join lawsuit challenging Montana school funding

Missoula County Public Schools trustees voted to join Upper 7 Law in a lawsuit challenging the constitutionality of Montana’s public school funding system, the board decided at its regular meeting. The board approved the motion in a full-board vote, moved by Trustee Amy Walsh and seconded by Trustee Witcher; one trustee abstained.

The suit, as presented to the board by Andres Halliday of Upper Seven Law, argues the state’s funding framework does not meet the Montana Constitution’s requirement to provide an adequate, equitable education. "We think now is the appropriate time to get involved here," Halliday told trustees, urging a filing before the end of the year and describing a litigation and discovery timeline that could include depositions and document requests.

Trustees and staff said the decision was motivated by ongoing concerns about underfunded components of education the presenter reviewed, including curriculum, special education, qualified staff, facilities and learning technology. "As a district, it seems like we are being as responsible as we can, stretching every dollar that we can," Trustee Amy Walsh said in support of joining the suit. "I just think this is the responsible thing that move that we can make that's both good for the taxpayers of Missoula and public education in Montana." Trustee Mercer announced an abstention, saying, "As a state employee, I'm going to abstain."

Halliday summarized the legal background for trustees, citing earlier Montana litigation (Helena-era cases and the Columbia Falls litigation from the mid-2000s) and state funding developments since those rulings. He told the board the state’s interim school-funding study and recent legislative steps — including the STARS Act — have not, in his view, resolved underlying funding shortfalls. Halliday said funding gaps he described include ongoing shortfalls in special education, inadequate funding for curriculum rollout and teacher recruitment and retention pressures driven by real-wage losses.

Trustees asked about practical implications and workload if the district joins the litigation. Halliday said staff time would be required: "It’s not going to be insignificant," he said of the information and document collection the law firm would request, and noted the typical forms of evidence the firm seeks, including declarations from superintendents, finance and facilities staff and experts. Superintendent Micah Hill — who spoke earlier in the meeting about workforce and compensation trends — participated in discussion about district workload and timing.

Board members also raised concerns about donor relationships and political backlash. Vice Chair Garris said she was uncomfortable with potential donor ties to the law firm, warning that "when we sign on with you, that's we're married to that and... in politics, it gets ugly." Halliday said Upper Seven Law is a nonprofit that works from donations and that the group's funding is disclosed in public filings.

Public commenters voiced support for the board joining. Scott Shook, representing educator groups, told trustees MEA and MFPE have lobbied interim funding committees and said those organizations support the district joining litigation: "We support you getting behind this and we support you being first in line because I think others will follow."

On the motion to join Upper Seven Law in the school-funding lawsuit, Trustee Amy Walsh moved, Trustee Witcher seconded, and the board approved the motion with one abstention (Trustee Mercer). The board voted to proceed and indicated willingness to coordinate with district staff on evidence requests and next steps.

The decision sets the district on a course of coordinated legal action intended to advance the debate over Montana’s K–12 funding ahead of the next legislative session, while also committing staff time to produce documents and declarations if the litigation proceeds.