05.14.21

​   The Board of Regents voted UNANIMOUSLY to litigate HB 102 (guns on campus) on the question of constitutional authority early on the morning of May 19, 2021.
 
   Each regent cited the overwhelming public comment in favor of litigation, including handwritten notes. They were referring to the advocacy efforts by MFPE and its partners.
 
   Soon, educators, students and Montanans will know who truly is responsible for student and staff safety on college campuses across Montana.

   Please use this link to thank the Regents for their courageous vote. 
from Amanda Curtis, MFPE president

​   There are always shenanigans in the last few days of any session.  This is when legislators start amending otherwise fine bills with any bad idea that didn't pass on its own.
 
   HB 651 is one example. It received some terrible amendments before passing out of Senate State Admin committee. It will be voted on second reading in the Senate TODAY AT 1 p.m.
 
   The bill limits our democracy by adding all kinds of unnecessary red tape to our current ballot initiative process.  There's no reason for this--our current ballot initiative process works great. In fact, this union and our partners successfully used the ballot initiative process to pass Montana's graduated minimum wage law in 2006!
 
 Have you called your Senator lately?

   Many thanks to all of you are in order, but first we have one last hill to climb.

   Yesterday, HB 588 (reclassifying public employees to political appointees) DIED 20-30 in the SENATE! SB 232 (highway patrol compensation) PASSED 94-4 on second reading in the House! However, HB 279 will be voted on in Senate Finance any day.
   
   The stress level is turned up to "eleven" in the Capitol right now as legislators suffer retaliation from the Governor's office and their own caucus and/or see their favorite bills die. Everyone is tired and homesick and wants to just be done. Before they go home, they will decide the fate of HB 279.
 
   HB 279 creates a private school voucher system (a policy that Montanans oppose).HB 279 raises the allowable tax credit for donations to private and for-profit schools from $150 to $200,000 (a 133,333% increase). Corporations are also entitled to the tax credit.
 
   HB 279 reduces our general fund, thereby reducing the funds available for not just our public schools but all public works such as public roads, public water systems and public safety to name only a few. 
 
   HB 279's fiscal note shows it will cost the state millions over the next four years--money that should be used to fund public education. Worse, the bill will likely cost Montana a dollar-for-dollar cut to our ARP funding--money we should use to recover from the pandemic and build critical infrastructure.
 
   HB 279 will force schools to choose between raising local property taxes and cutting programs (Fixed costs don't go down when a handful of students leave for private schools.)
 
   Two-thirds (2/3) of private schools are in the seven (7) largest counties. The consequence of this is that  this tax credit bill leaves rural students out.
 
   Equalizing the public/private sides of this bill won't fix it--Montanans can already donate to public schools for tax benefit, and they will never do so at a level commensurate with private school funders.
 
   HB 279 allows the Governor and "his rich buddies" to fund their personal private school pet projects (like the Petra Academy) and forsake their duty to pay for the roads, bridges and public schools that we ALL use.
 
If you haven't called your Senator lately, please do so as soon as possible.

Bad news:  HB 588, to allow the Governor to appoint up to 10 percent of all public employees, passed out of committee on Monday and is likely up for a vote in the full Senate tomorrow.
 
Scary news:  We are expecting the supporters of HB 329 (public funds to private schools) to "blast" the bill out of committee today or tomorrow in the full Senate.
 
Good news:  There may be enough common sense in this Senate to stop both of them.
 
The following contains the links to the one-pagers on privatization and power grabs.
 
Use this online form, call the Capitol Switchboard at 444-4800, or use the personal email addresses and phone numbers. Remember, texts work well, too!
 
Have you called your local Senator lately? It might be time to check in with each of them.
 
More about HB 588:

• Allows Governor to appoint up to 10% of every state agency
• Employees should be hired based on skill set, not relationships
• Appointees have no pay scale, no benefits, no workplace rights and no grievance process
• There's no fixing this bill--it needs to get voted down

More about HB 329:

• Forces public schools to send their per-pupil funding to private, for-profit, and/or religious programs
• The programs don't have to be located in Montana
• The programs don't have to provide special education accommodations or even be accredited
• HB 329 could cost public schools up to $187 million in revenue in just one year. 
• You can find the fiscal note here. 
• HB 329 is blatantly unconstitutional.  You can see the legal review note here.
• We offered amendments to fix the bill, and these were rejected

HB 279 passed out of the House and is being heard in the House Appropriations committee RIGHT NOW. The Governor's office is here in support of the bill.
 
Under current law, Montanans can receive up to $150 of their MT tax obligation forgiven for contributions to Student Scholarship Organizations (SSO's). SSO's fund tuition to private (primarily religious) K-12 schools.  SB 279 increases the allowable tax credit to $200,000, costing the state nearly $25 million in revenue over the next two biennia. You can find the fiscal note here.

HB 279's fiscal note shows it will cost the state $25 million over the next four years--money that should be used to fund public education. HB 279 will force schools to choose between raising local property taxes and cutting programs (fixed costs don't go down when a handful of students leave for private schools). 
 
Two-thirds of private schools are in the seven (7) largest counties, so this tax credit bill leaves rural students out. 
 
HB 279 creates a private school voucher system (a policy that Montanans oppose).

HB 279 raises the allowable tax credit for donations to private and for-profit schools from $150 to $200,000 (a 133,333% increase). Corporations are also entitled to the tax credit.  
 
HB 279 reduces our general fund, thereby reducing the funds available for not just our public schools but all public works such as public roads, and public water systems, and public safety to name a few.  
 
Here is the MFPE one-pager on all of the school privatization bills.

Have you called your Representative yet? 

"Public education is at risk right now in our state legislature. Three bills jump off the page for our attention and opposition."  Paraphrased from Founding President Feaver

HBs 129,  279 and 329 all spend public dollars and incentivize or directly privatize public schooling in Montana. 
 
HB 129 ​expands Montana's 529 Education Savings Account program to now include k-12 private and religious education expenses. The Trump administration made this expansion on the federal level, and the Biden administration is likely to reverse it.  Passing HB 129 now will put MT's 529 accounts at risk.
 
Read the Fiscal Note here.  The initial loss in state revenue is modest to begin with but grows over time to over $800,000 by tax year 2024. Who knows thereafter? And the fiscal note does not address state funding local school districts will suffer if and when parents withdraw their students from public education to take advantage of the new tax exemption HB 129 provides. 
 
To reiterate, HB 129 incentivizes taxpayers to privatize their children’s elementary and secondary education. 
 
Per the fiscal note:  “New expenses allowed under the proposed changes [in the Montana Education Savings Program fund] include K-12 tuition, certain expenses for registered apprenticeships and the repayment of students loans. The proposed bill also reduces the time that money deposited into the fund must be kept in the fund before being subject to taxation from three years to one year.”
 
Every penny this state spends directly or indirectly on private (primarily religious) education is a penny lost to state government expenditures and compromises the constitutional promise we the people have made to ourselves.
 
THE CONSTITUTION OF THE STATE OF MONTANA

ARTICLE X. EDUCATION AND PUBLIC LANDS

Educational Goals And Duties
Section 1. Educational goals and duties. (1) It is the goal of the people to establish a system of education     
                 which will develop the full educational potential of each person. Equality of educational
                 opportunity is guaranteed to each person of the state.
                 (2) The state recognizes the distinct and unique cultural heritage of the American Indians and is
                    committed in its educational goals to the preservation of their cultural integrity.
                 (3) The legislature shall provide a basic system of free quality public elementary and secondary
​                    schools. The legislature may provide such other educational institutions, public libraries, and 
                   educational programs as it deems desirable. It shall fund and distribute in an equitable manner to
                   the school districts the state's share of the cost of the basic elementary and secondary school
                   system.

Aid Prohibited To Sectarian Schools
Section 6. Aid prohibited to sectarian schools. (1) The legislature, counties, cities, towns, school districts,
                     and public corporations shall not make any direct or indirect appropriation or payment from any
                     public fund or monies, or any grant of lands or other property for any sectarian purpose or to aid
                  any church, school, academy, seminary, college, university or other literary or scientific institution,
                    controlled in whole or in part by any church, sect, or denomination.
                 (2) This section shall not apply to funds from federal sources provided to the state for the express
                      purpose of distribution to non-public education.
____________________________________
 
HB 279​'s fiscal notes states that the bill "makes several significant changes to the credits.
   First, the maximum amount of credits each taxpayer can claim is increased from $150 to $200,000. This applies to SSO [Student Scholarship Organizations] and the IEP credit [Education Improvement Account].     
   Second, credits can now be carried forward for up to three years. 
   Third, the credit caps [$3 million] are increased by 20 percent, if 80 percent of the credit cap was reached the previous year. 
    Finally, the termination dates for both credits is changed from December 31, 2023 to December 31, 2026.”
 
Read the Fiscal note here.
REVISING LAWS RELATED TO THE TAX CREDIT SCHOLARSHIP PROGRAM AND THE INNOVATIVE EDUCATIONAL PROGRAM; REMOVING THE ASSESSMENT REQUIREMENTS FOR QUALIFIED EDUCATION PROVIDERS; REVISING LIMITS ON SCHOLARSHIP AMOUNTS; ALLOWING TAX CREDITS EARNED UNDER THE PROGRAMS TO BE CARRIED FORWARD; REVISING THE TAX CREDIT LIMIT AND THE AGGREGATE LIMIT OF CREDITS UNDER THE PROGRAMS; REVISING THE PREAPPROVAL PROCESS FOR THE TAX CREDIT SCHOLARSHIP PROGRAM; EXTENDING THE TERMINATION DATE FOR THE TAX CREDIT SCHOLARSHIP PROGRAM AND THE INNOVATIVE EDUCATIONAL PROGRAM
Oppose – passed House – referred to Senate Education – Hearing March 10
 
 
SB 410 and now HB 279 are all about public funding of private, primarily religious education in Montana. 
If passed into law, the governor’s budget office estimates that individual and corporate contributions – earning dollar for dollar tax credits - to Student Scholarship Organizations will grow to over $5 million in tax year 2024. 
 
And once again, the fiscal note does not address state funding local school districts will suffer if and when parents withdraw their students from public education to enroll in private education with the expectation they will receive significant publicly funded tuition assistance. 
 
It gets worse. HB 279 strips from law measurements of accountability that private schools and the department of revenue currently have to inform lawmakers, parents and the public-at-large as to student performance in private schools receiving SSO tuition assistance.
 
One more time, HB 279, as did SB 410, compromises Article 10, Montana state constitution.  But in addition, like SB 410, HB 279 violates Article 5.11(5) Montana state constitution.  An assertion that should definitely be litigated in Montana courts of law. 
 
THE CONSTITUTION OF THE STATE OF MONTANA
Part V. THE LEGISLATURE
Section 11. Bills. 
(5) No appropriation shall be made for religious, charitable, industrial, educational, or benevolent purposes to any private individual, private association, or private corporation not under control of the state.
 
_____________________________
 
HB 329 does not create a tax exemption nor a tax credit.  It is instead a direct state AND local appropriation to create a special needs student savings account for parents to access to pursue private education of their special needs children.    
 
Read the Fiscal Note here.
GENERALLY REVISING LAWS RELATED TO ESTABLISHING THE STUDENTS WITH SPECIAL NEEDS EQUAL OPPORTUNITY ACT AND THE MONTANA SPECIAL NEEDS EQUAL OPPORTUNITY EDUCATION SAVINGS ACCOUNT PROGRAM; ESTABLISHING REQUIREMENTS FOR ELIGIBILITY AND ALLOWABLE EXPENSES; PROVIDING RESPONSIBILITIES FOR PARENTS, SCHOOL DISTRICTS, AND THE SUPERINTENDENT OF PUBLIC INSTRUCTION; CLARIFYING THE AUTONOMY OF PARTICIPATING PRIVATE SCHOOLS; PROVIDING FOR FUNDING OF SPECIAL NEEDS EQUAL OPPORTUNITY EDUCATION SAVINGS ACCOUNTS; ESTABLISHING THE SPECIAL NEEDS EQUAL OPPORTUNITY EDUCATION SAVINGS TRUST; PROVIDING AN APPROPRIATION AND A STATUTORY APPROPRIATION; PROVIDING RULEMAKING AUTHORITY
Oppose – passed House Education
 
From the fiscal note:  “It is estimated that 23,410 students would be eligible for the Montana special needs education savings account program... If all 23,410 eligible students participated in the education savings account, the program would transfer approximately $180 million annually of state funding and local property tax dollars from local public school districts to the education savings account.” 

 But then, the fiscal note anticipates that “not more than 100 students would participate in the education savings accounts program?” What science supports this estimate?
Still yet from the fiscal note:  “School districts may adopt higher general fund budgets to offset the loss of funds related to this bill.  In consideration of these increases and not allowing budgets to surpass the highest allowable budget, it is estimated that property taxes could increase... the difference in the potential increase needed to provide for the qualified schools [private schools educating special needs students] could be greater than the potential schools could vote property tax increases to offset the loss leading to potential budget shortfalls... for every student in this program, resident district would be required to contribute $7,808 to the special needs education savings account. This funding would be budgeted and would reduce funding for other educational expenditures. 
 
Continuing:  “If the student must be enrolled in a public school to use this savings account, the public school is responsible for FAPE [Free and Appropriate Public Education]  At the time the child enters the program, the school district would need to ensure the private school is providing FAPE and the public school is held liable through IDEA and state rule if that is not true.”
 
Finally, If the fiscal note has not already killed this bill, there is this from the note:
“Article X, section 6 of the Montana Constitution prohibits aid to sectarian schools . . .
It is likely that the provisions of HB 322 [sic] violate this section of the Montana Constitution.
​
Taken from Amanda Curtis, MFPE president's  "Bad Public School Privatization Bills"