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

Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
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
Artificial Intelligence Webinar
Making AI Work in Schools: From Experimentation to Purposeful Practice
AI use is expanding in schools. Learn how district leaders can move from experimentation to coordinated, systemwide impact.
Content provided by Frontline Education
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
Student Well-Being & Movement Webinar
Building Resilient Students: Leadership Beyond the Classroom
How can schools build resilient, confident students? Join education leaders to explore new strategies for leadership and well-being.
Content provided by IMG Academy

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 A School Wants a Tornado Shelter. A Federal Grant Keeps Getting in the Way
The district still can't spend a FEMA grant it was originally awarded in 2022.
9 min read
FemaGrant Maiorella 02
A new gym under construction in Wisconsin's Cuba City school district, pictured April 16, 2026, would have also served as a tornado shelter, thanks to an $8.8 million FEMA grant. But nearly four years after it was awarded the grant, the district still doesn't have the money.
Arthur Maiorella for Education Week
Education Funding Trump Sidestepped Congress on More Than $1 Billion in Ed. Spending Last Year
Newly published documents show how the Ed. Dept. departed from Congress' plans.
13 min read
The likeness of George Washington is seen on a U.S. one dollar bill, March 13, 2023, in Marple Township, Pa. The nonpartisan Congressional Budget Office says it expects the federal government will be awash in debt over the next 30 years.
Newly published budget documents show the U.S. Department of Education, in the first year of President Donald Trump's second term, took roughly $1 billion Congress appropriated for specific education programs and spent it differently than how lawmakers intended—or didn't spend it all.
Matt Slocum/AP
Education Funding Federal Funds for Schools Will Still Flow Through Ed. Dept. System—For Now
The Trump administration has been touting its transfer of K-12 programs to the Labor Department.
5 min read
Remaining letters on the Department of Education on Wednesday, March 18, 2026, in Washington.
Remaining letters on the U.S. Department of Education building in Washington on Wednesday, March 18, 2026. Despite the agency's efforts to shift management of many of its programs to the U.S. Department of Labor, key K-12 funds will continue to flow through the Education Department's grants system this summer.
Allison Robbert/AP
Education Funding Trump's Budget Proposes Billions in K-12 Cuts. Will They Happen?
Trump is proposing level funding for Title I, a modest boost for special education, and major cuts elsewhere.
6 min read
A third-grade teacher at the Mountain View Elementary School's Global Immersion Academy in Morganton, N.C. works with her students in the Spanish portion of the program. With the inaugural class of the Global Immersion Academy (GIA) at at the school entering fourth grade this year, Burke County Public Schools is seeing more signs of success for its dual language program.
A teacher in a North Carolina dual-language program works with her students. In his latest budget proposal, President Donald Trump once again proposes to eliminate the $890 million fund that pays for supplemental services for English learners. Schools can use Title III funds for costs tied to dual-language programs that educate English learners.
Jason Koon/The News-Herald via AP