School choice a hot button issue for 2015 Legislature

HELENA –

There is no question in the minds of legislators and lobbyists school choice and private education are going to be debated during the 2015 legislative session — just as it has for the last several sessions.

But what's exciting some and worrying others is that with a Republican-controlled House and Senate, proposals to funnel tax dollars into private schools might make it further than a committee hearing or floor discussion this session.

Sen. Llew Jones, R-Conrad, is hoping he can bridge some of that divide with a bill or referendum he hopes to introduce that would allow taxpayers to make contributions through income tax deductions, which he's calling a directed tax, to private and public schools in their region.

"This would be very, very good for public schools," Jones said.

Jones, who was responsible for bipartisan legislation in 2013 that dramatically increased funding for public schools via oil and gas tax revenue, said there is no getting around a discussion on private education in 2015.

Jones said the legislation is still being drafted, and he has a lot of ideas that need to be ironed out, but he'll consider entering the public-private tax credit measure either as a bill or possibly a referendum for voters in Montana. If he chooses the latter, Democratic Gov. Steve Bullock — who is a staunch supporter of public education — wouldn't have the authority to veto.

"We're going to have a discussion," Jones said. "My preference is we hold the discussion over a bill."

Eric Feaver, president of the Montana Education Association-Montana Federation of Teachers, said he believes any attempts to divert public funds to private schools is a violation of Article 10 of the Montana Constitution, and indicated a court battle would be necessary if any proposals such as Jones make it out of the 64th session.

"Right now I can't see myself not (pursuing litigation)," Feaver said.

Republicans in both the Senate and House outlined their priorities for the session Monday, one of which was school choice. Rep. Sarah Laszloffy, R-Laurel, who is a product of home schooling and private education, will be chairing the house education committee this session. She has indicated she's in favor of private school legislation as well as public education. But she's not 100 percent sure yet what to think about Jones' proposed legislation.

"I'm going to have to look into that one. It's a great idea," she said. "But we have to be careful with tax credits. My favorite thing to see is when people get innovative."

But unlike some of his Republican colleagues who want to see tuition tax credit for private education or charter school support blindly, Jones argues his proposed bill would call for private and charter schools to comply with state measurement and accountability standards. By doing this, he's hoping to appease staunch public education supporters who argue private schools often fail to meet state standards.

According to the Office of Public Instruction, there are 136 private schools listed in Montana, of which only 12 are fully meeting state accreditation standards — less than 10 percent of private schools — compared to 70 percent of the public schools being fully accredited. Schools must meet a lot of basic criteria —classroom size, licensed and endorsed teachers in the proper areas, and standardized testing — in order to be fully accredited by OPI and the Montana Board of Public Education.

Newly elected State Sen. Mary Sheehy Moe, D-Great Falls, said she doesn't believe public funds should be used to support private education and she was educated in both parochial and public schools as well as having taught in both settings.

"It's not in the public's interest to fund religious education," she said. "I think it's a private choice and should be privately funded."

However, she said she's willing to listen to what Jones has to say, as they both sit on the Senate education committee.

"I naturally want to hear that," she said. "Sen. Jones is so well-respected."​

Feaver said the Montana Constitution in Article X, section 1, subsection 3 clearly defines that anything that redirects public funds away from public schools is unconstitutional.

It reads: "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."

Feaver said Montana has some of the best public schools in the country and choice exists within the public system. A parent in Kalispell can move their student to another school in town or perhaps they could go to Bigfork, Whitefish or Columbia Falls — all schools in the immediate vicinity.

"Historically speaking, there's quite a bit of choice that goes on," he said.

Feaver also worries about the funds being equitable. The way schools are currently funded could be viewed as inequitable with some districts cashing in on oil and gas tax revenue while others have to run levy after levy to keep the lights on, he said. What Jones is talking about would only exacerbate the funding inequities based on how many people in one region of the state would direct toward their schools in Feaver's eyes.

Jones said he's still working out of a number of details, which is why he doesn't have a draft available yet. But he's basing his plans on similar measures that have been implemented in Florida and Arizona with some Montana flavor. He's sure there are plenty of arguments to be made for or against the constitutionality of this proposal. But that's the discussion he thinks needs to finally happen.

"It's a creation of a menu for public education," Jones said. "The more engaged your community is, the more directed tax your school will receive."

Feaver said he appreciates Jones' appetite for understanding school funding and MEA-MFT was a supporter of Jones' bipartisan education funding overhaul last session in Senate Bill 175. But this proposal won't be getting his organization's endorsement.

"I'll give (Jones) credit for this. He's very smart and he's very pragmatic," Feaver said. "He takes a lot of information and he digests it. But we don't need to have Llew's bill (to talk about school choice). That discussion is already going to happen."

Reach Tribune Staff Writer Kristen Cates 791-1463 or kcates@greatfallstribune.com. Follow her on Twitter @GFTrib_KCates.

The ABC's of Llew Jones public/private tax credit idea:

A) Individuals would be allowed to direct a portion of their income tax to the public and private schools in their region of the state. The amount they can deduct would be capped for both public and private contributions. Jones has not yet decided what sort of cap to set.

B) Schools would be pooled into regions for the division of these funds. Jones said he imagines the regions would be along the same lines as the special education and curriculum cooperatives that currently exist in this state. Private and public schools in those regions would be pooled together.

C) An individual could make their capped contribution to the schools in their region, not an individual school.

D) Schools could only seek out the contributions for projects limited to infrastructure, capital improvement projects and technology upgrades. Each school in a region would receive funds for their projects based on current state funding formulas for schools like student enrollment and the number of quality educators.

E) Jones said this revenue would not go into schools' general funds and would therefore not be available for teacher salaries or other general fund needs.

F) In order for private schools to receive any directed tax contributions, they would have to meet some sort of state accreditation and accountability standards and measures.

G) Individual contributions would be capped and the total amount contributed statewide would have to be capped each year as well.