Bill to clarify Montana public charter school rules wins committee consideration

Representative David Beatty, who represents House District 86, opened the Senate Education Committee hearing on House Bill 28 by telling senators the measure was requested by the Board of Public Education to address implementation issues since the 2023 law that authorized public charter schools. Beatty said the bill ‘‘clarifies the responsibilities of the Board of Public Education,’’ narrows timeframes for administrative steps and exempts public charter schools from conflicting opening requirements in Title 20.

McCall Flynn, executive director of the Board of Public Education, told the committee the bill ‘‘does exactly what the title says’’ and walked through specific edits: changing deadlines to business days; directing the board to notify county superintendents and the superintendent of public instruction; and distinguishing budgeting and funding rules for individual public charter schools vs. newly formed charter school districts. Flynn said HB28 adds a clawback so a local district would lose A/B funding if it did not meet required thresholds and that charter school districts, which have no local taxing authority, are treated differently for first‑year funding.

The Office of Public Instruction’s superintendent, Susie Hedalen, told senators HB28 ‘‘simply clarifies the opening procedures and timelines’’ and voiced OPI’s support for the bill. Rob Watson of School Administrators of Montana and other association representatives also supported the proposal, saying clarity was needed after the 2023 enactment of HB549.

Committee members pressed sponsors on fiscal assumptions and enrollment mechanics. Representative Beatty asked the committee to request an updated fiscal note, telling senators the current fiscal note ‘‘is clearly incorrect’’ and asserting HB28 ‘‘will have 0 fiscal impact in FY 2026’’; McCall Flynn and Beatty explained that prior fiscal calculations had assumed multiple charter school districts operating immediately while, to date, there are no separate charter school districts approved. Flynn said roughly 24 public charter schools exist within districts, about 17 of which are operating now, and the board recently approved five additional schools that might operate in the coming school year depending on implementation choices.

Senators also asked how student assignment would work when capacity is limited; Flynn pointed out the Public Charter School Act requires a lottery when demand exceeds capacity. Beatty closed by underscoring the two routes to charter schools — within existing districts and as standalone charter school districts — and reminding the committee that stand‑alone districts, lacking a tax base, rely on state funding for their base entitlement.

The committee closed the hearing on HB28 without immediate committee action pending any further requests for fiscal clarification.