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Board of Public Education seeks technical fixes for new public charter school law
Summary
House Bill 28, carried by Rep. David Beatty and supported by the Board of Public Education and education coalitions, would clarify notification timelines, exempt new public charter schools from certain school-opening requirements, specify business-day timing, and create funding and clawback language for first-year entitlements; proponents described the changes as administrative rather than policy shifts.
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Representative David Beatty opened House Bill 28 to the House Education Committee, saying the measure would amend statutes governing the public charter school program created in 2023 to clean up implementation issues identified during the interim. “This bill amends statutes pertaining to the public charter school program established per House Bill 549 during the 2023 session,” Beatty said.
McCall Flynn, executive director of the Board of Public Education, testified as a proponent and described the bill as an agency-requested set of clarifications, including notification requirements to the superintendent of public instruction and county superintendents, clarification that certain timing references are business days, an exemption for new public charter schools from some Title 20, Chapter 6, Part 5 opening requirements, and clearer budgeting/funding language for how basic entitlement funds apply in a charter school’s first and second operating years. Flynn said the changes are intended to remove unnecessary barriers encountered last interim and are administrative fixes rather than shifts in legislative policy: “I do wanna make really clear upfront that the changes in this bill aren't going to change any of the policy or intent of the legislature or statute. Again, these are really admin changes that will support us in this process.”
Rob Watson, representing a coalition of education associations that calls itself CAMPS (Coalition of Advocates for Montana's Public Schools), said the first round of implementation produced timing and reporting difficulties for roughly 17–19 schools and that HB28 would clarify roles among the Board of Public Education, OPI and local districts and help smooth the opening process. Watson noted the bill proposes a clawback provision for basic entitlement funding if schools later fail to meet thresholds that qualify them for full funding in year two.
Paul Taylor of the Office of Public Instruction appeared as an informational witness and offered to assist with implementation questions. The committee asked no substantive questions during the hearing; Representative Beatty closed the bill and the hearing was adjourned.
Next steps: HB28 received its proponents’ testimony and informational input during the hearing; no executive action or committee vote on the bill’s substantive language was recorded in the transcript.
