Education Funding

Montana High Court Strikes Down State’s School Funding System

By Mary Ann Zehr — November 11, 2004 3 min read
  • Save to favorites
  • Print

Low Teacher Salaries

In a unanimous decision on Nov. 9, Montana’s highest court upheld the ruling in April of Helena District Judge Jeffrey Sherlock that state funding for public schools is not sufficient. The three-page preliminary order also upheld Judge Sherlock’s finding that the state’s public education system is violating a mandate in the state constitution for schools to teach children about the heritage of American Indians.

The supreme court gave the Montana legislature until Oct. 1 of next year to come up with a better system for financing public education. Having rushed to issue a preliminary order on the matter so the legislature could address it in its upcoming session, the court will issue a full opinion at an unspecified, later date. State legislators are set to resume work Jan. 3 for a session expected to last 90 days.

The decision marked the second time the state’s funding formula has been struck down since 1989.

Read the Montana Supreme Court’s preliminary order on the state’s school-funding system. ()

Following the latest ruling, Montanans need to take a much closer look at the needs and true cost of public schooling, said Jack Copps, the executive director of the Helena-based Montana Quality Education Coalition, which filed the lawsuit in 2002. “We’ve only speculated in Montana the amount of resources our schools need. That’s created great problems in our state.”

He noted, for instance, that Montana’s schools have difficulty recruiting and retaining teachers because they don’t pay them as much as other states do.

But Brian Morris, the state solicitor who defended Montana in the case, said he’s disappointed in the ruling. “We had urged the court to look at output measures such as graduation rates and what students are learning,” he said.

Montana’s schools measure up well, he said, in providing a high-quality education when compared with public schools in other states. He noted that Montana students perform well above average on standardized tests, their graduation rates are higher than for students in many states, and they are less likely to drop out of school than their peers in many states.

Low Teacher Salaries

Linda H. McCulloch, Montana’s superintendent of public instruction, said she hopes the court decision will result in more money to pay teachers better salaries. Many Montana school districts offer a starting salary of less than $20,000 per year, and about 60 percent don’t provide health insurance to their faculty, she said.

Both Republicans and Democrats who served on the state Senate’s education committee in the most recent legislative session surmised that revamping the public funding system to meet the demands of the court would mean coming up with more dollars for schools.

“It probably will cost more money,” said state Sen. William E. Glaser, a Republican who is the chairman of the Senate education committee. “That doesn’t necessarily mean that on a given piece of property the taxes will go up. We’ve actually done quite well in our economy, when everyone else was struggling.”

“I’d be surprised if everyone isn’t resigned to the fact that we’ll have to put more money into education,” added state Sen. Mike Cooney, a Democrat on the same committee. The difficulty of resolving the issue, he said, will be agreeing on what level of funding is appropriate.

Robert R. Story Jr., a Republican member of the Senate education committee, said the state’s formula for funding public schools is based on the number of pupils in a school, and places caps on what local school districts can spend in addition to what they receive from the state.

The system reflects revisions made more than a decade ago in response to a court ruling that the system wasn’t equitable, he noted. Mr. Story said the existing system worked adequately when student enrollment was growing. But now that it has been declining, he said, school districts haven’t been able to keep up with their fixed costs.

Montana provided $555 million for K-12 education in fiscal 2004, or 60 percent of the local and state money spent on public schooling.

Joyce Silverthorne, the head of the tribal education department for the Salish/Kootenai tribes of Montana and a former state school board member, said she was pleased the supreme court recognized the need for schools to carry out the state’s constitutional mandate to teach all Montanans about their state’s 12 American Indian tribes. “It requires funding to bring us together and develop a curriculum that incorporates the elements from each tribal group,” she said.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bringing Dyslexia Screening into the Future
Explore the latest research shaping dyslexia screening and learn how schools can identify and support students more effectively.
Content provided by Renaissance
Artificial Intelligence K-12 Essentials Forum How Schools Are Navigating AI Advances
Join this free virtual event to learn how schools are striking a balance between using AI and avoiding its potentially harmful effects.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
A Blueprint for Structured Literacy: Building a Shared Vision for Classroom Success—Presented by the International Dyslexia Association
Leading experts and educators come together for a dynamic discussion on how to make Structured Literacy a reality in every classroom.
Content provided by Wilson Language Training

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Education Funding Students Make Appeals to Congress to Protect K-12 Funding
National Student Council representatives shared perspectives on challenges schools are facing.
6 min read
Molly Kaldahl (right) and Ava Nkwocha, who attend Millard South High School in Omaha, Neb., meet with their senator’s legislative staff to discuss the National Student Council’s federal legislative agenda on Oct. 28, 2025, in Washington, D.C.
Molly Kaldahl, right, and Ava Nkwocha, who attend Millard South High School in Omaha, Neb., meet with the legislative staff of U.S. Sen. Pete Ricketts, R-Neb., to discuss the National Student Council’s federal legislative agenda on Oct. 28, 2025, in Washington.
Courtesy of Allyssa Hynes/NASSP
Education Funding Opinion The Federal Shutdown Is a Rorschach Test for Education
Polarization, confusion, and perverse incentives turn a serious discussion into a stylized debate.
7 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Education Funding Many Districts Will Lose Federal Funds Until the Shutdown Ends
And if federal layoffs go through, the Ed. Dept. would lack staff to send out the funds afterward, too.
7 min read
Students from Rosebud Elementary School perform in a drum circle during a meeting about abusive conditions at Native American boarding schools at Sinte Gleska University on the Rosebud Sioux Reservation in Mission, S.D., on Oct. 15, 2022.
Students from Rosebud Elementary School perform in a drum circle on Oct. 15, 2022. The Todd County district, which includes the Rosebud school, relies on the federal Impact Aid program for nearly 40 percent of its annual budget. Impact Aid payments are on hold during the federal shutdown, and the Trump administration has laid off the federal employees who administer the program.
Matthew Brown/AP
Education Funding Trump Admin. Relaunches School Mental Health Grants It Yanked—With a Twist
The administration abruptly discontinued the grant programs in April, saying they reflected Biden-era priorities.
6 min read
Protesters gather at the State Capitol in Salem, Ore., on Feb. 18, 2019, calling for education funding during the "March for Our Students" rally.
Protesters call for education funding in Salem, Ore., on Feb. 18, 2019. The Trump administration has relaunched two school mental health grant programs after abruptly discontinuing the awards in April. Now, the grants will only support efforts to boost the ranks of school psychologists, and not school counselors, social workers, or any other types of school mental health professionals.
Alex Milan Tracy/Sipa via AP