Montana Judge Blocks Portions Of ‘Community Choice Schools’ Law To Create Charter Schools

On September 6, 2023, a Montana state judge blocked the state Department of Public Instruction (DPI) from fully implementing a new law intended to establish charter schools, which the law calls “Choice Schools.” The law created by Montana House Bill 562 would allow state residents to form governing boards to create and sustain public schools. Choice Schools would be independent non-profit education organizations funded by per-student public funds that would follow students to the school of their choice.

The law was challenged in Felchle et. al. v. Montana, et al. by plaintiffs who alleged that the law violates . . .