State Preschool Program

Overview

Montana does not have a state-funded preschool program. The state allows public elementary school districts to offer preschool to children between the ages of three and five years, but specifically disallows state aid for this purpose.

State Policy

Montana has no state policy on the provision of pre-kindergarten.

Eligibility Criteria

No program.

Program Length/Duration

No program.

Funding

Although Montana allows public school districts to offer preschool, it specifically prohibits state base or equalization funding for these services. No other state funding is available for prekindergarten programs, so districts must fund such programs exclusively from local revenue.

Quality Standards

Montana statute provides that when a public school district offers a preschool program, such program "must be an integral part of the elementary school and must be governed accordingly."

Delivery of Preschool Services

There are no provisions in the law governing delivery of preschool services, other than the provision authorizing local school districts to provide preschool programs with local revenue.

Requirements for Student Assessment and Program Evaluation

There are no provisions in the law governing student assessment and program evaluation.

Legal Framework

Education Clause in State Constitution

The education clause of the Montana constitution provides that is the duty of the legislature to provide a "basic system of free quality" public schools.

Summary of Case Law on School Finance System

In Columbia Falls Elem. Sch. Dist. 6 v. State (2005), the Montana Supreme Court determined that the current school system is constitutionally deficient because it does not meet the requirement of a "basic system of free quality" public schools as mandated by the state constitution. The Court has required the legislature to design a funding system based on constitutionally-relevant factors related to quality, such as academic standards, teacher pay, fixed costs, costs of special education, and performance standards.

Summary of Case Law on Preschool

School finance cases in Montana have not addressed preschool.

Constitutional Provisions on Public Education

Mont. Const., Art. X § 1

(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.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

The trial court in Helena Elem. Sch. Dist. No. 1 v. State ruled that education is a fundamental right for purposes of equal protection analysis. On appeal, the Montana Supreme Court found the state’s system of school finance unconstitutional on other grounds and therefore expressly declined to rule on the issue of whether education is a fundamental right. Helena Elem. Sch. Dist. No. 1 v. State, 236 Mont. 44, 55, 769 P.2d 684, 691 (1989).

School Finance Cases in Favor of Plaintiffs:

Helena Elem. Sch. Dist. No. 1 v. State, 236 Mont. 44, 769 P.2d 684 (1989)

Plaintiff school districts sought a declaratory judgment that the state’s system of financing public education violated the education and equal protection provisions of the state constitution. The Montana Supreme Court ruled that the state’s failure to fund education adequately, which resulted in "excessive reliance on permissive and voted levies," was a failure to "provide a system of quality public education granting to each student the equality of educational opportunity" guaranteed by the state constitution. The Court further held that spending disparities among the state's school districts "translate[d] into a denial of equality of educational opportunity" in violation of the constitution.

Columbia Falls Elem. Sch. Dist. 6 v. State, 326 Mont. 304, 109 P.3d 257 (2005)

Public school districts, education interest organizations and individuals joined as plaintiffs to challenge the constitutionality of the state’s system of funding elementary and secondary schools. Affirming the lower court’s ruling, the Montana Supreme Court held that the state constitution requires a "free quality public education" and that the current system of school finance is deficient under any "legitimate definition of quality." First, the Court found that because the state did not attempt to define "quality public education" as that term is intended in the constitution, the Court could not conclude that the current funding system was designed to provide quality. Second, the Court found that the legislature, in creating the funding formula, did not attempt to link the funding formula to any factors that might constitute "quality education." The Court deferred to the legislature for the definition of quality, yet at the same time directed it to design a finance system based upon constitutionally relevant factors. In particular, the Court stated, "Unless funding relates to needs such as academic standards, teacher pay, fixed costs, costs of special education, and performance standards, then the funding is not related to the cornerstones of a quality education." The Court did not make a substantive ruling on plaintiffs’ equal protection claim; however, it vacated the lower court’s finding that there was no equal protection violation, finding the lower court did not have to reach this issue.

In June 2006, plaintiffs filed a motion in the lower court for supplemental relief and order to show cause requesting a hearing in May or June 2007, following adjournment of the 2007 legislative session. Plaintiffs allege that the state has not complied with the Supreme Court’s directive to base school funding on actual costs related to provision of a “quality education.” On August 22, 2006, the trial court denied plaintiffs’ motion as premature, but noted that plaintiffs could file after the 2007 legislature adjourned.

Standard for a Constitutionally Adequate Education:

Helena Elem. Sch. Dist. No. 1 v. State, 236 Mont. 44, 57, 769 P.2d 684, 692 (1989)

The Supreme Court in Helena Elem. Sch. Dist. No. 1 v. State did not establish a standard for a constitutionally adequate education, but it did note that the Montana School Accreditation Standards established by the State Board of Public Education were "minimum standards upon which quality education must be built." The Court emphasized that the standards did not "fully define either the constitutional rights of students or the constitutional responsibilities of the State of Montana for funding its public elementary and secondary schools."

Columbia Falls Elem. Sch. Dist. 6 v. State, 326 Mont. 304, 109 P.3d 257 (2005)

The Supreme Court in Columbia Falls Elem. Sch. Dist. 6 v. State invalidated the Montana school finance system, in part, because the state had failed to define a "quality public education" as that term is used in the state constitution, and therefore had "no reference point from which to relate funding to relevant educational needs." The Court deferred to the legislature to define a quality public education, yet at the same time recognized that an adequate education most include state curriculum and learning standards: "Unless funding relates to needs such as academic standards, teacher pay, fixed costs, costs of special education, and performance standards, then the funding is not related to the cornerstones of a quality education."

School Finance Cases against Plaintiffs:

None.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None. See Columbia Falls Elem. Sch. Dist. 6 v. State, 326 Mont. 304, 109 P.3d 257 (2005), in which the Supreme Court ruled that a challenge to the adequacy of the state's school funding system presented a justiciable issue, rather than non-justiciable political question. The Court reasoned that once the legislature addressed the threshold political question by creating a school system, courts were not barred from reaching the question of whether the legislature had fulfilled its constitutional obligation.

Cases Related to State-Funded Preschool:

None.

Pending School Finance Cases:

Columbia Falls Elem. Sch. Dist. 6 v. State, Montana First Judicial District, Lewis and Clark County

In June 2006, plaintiffs filed a motion for supplemental relief and order to show cause requesting a hearing in the trial court in May or June 2007, following adjournment of the 2007 legislative session. Plaintiffs allege that the school funding formula enacted to respond to the Supreme Court’s 2005 ruling fails to comply with the Court’s directive to base funding on actual costs related to providing a “quality education.” On August 22, 2006, the trial court denied plaintiffs’ motion as premature, but noted that plaintiffs could file after the 2007 legislature adjourned. The Supreme Court’s ruling is discussed above under “School Finance Cases in Favor of Plaintiffs.”

Statutes, Regulations and Guidance Documents on State Preschool Program

Montana Statutes (Mt. Stat.) § 20-7-117, Five-year-old schooling and preschool programs

Montana Statutes (Mt. Stat.) § 20-9-311, Calculation of average number belonging (ANB)

Montana Administrative Rules (Mt. Admin. R.) § 10.20.102, Calculation of average number belonging (ANB)

Provisions Expressing State Policy on Preschool:

There are no provisions to this effect.

Eligibility Criteria for State Preschool Program:

No provisions to this effect.

Program Length/Duration:

No provisions to this effect.

Scope of State’s Responsibility to Provide Preschool:

Mt. Stat. § 20-7-117

…(2) The trustees of an elementary school district may establish and operate a free preschool program for children between the ages of 3 and 5 years. When preschool programs are established, they must be an integral part of the elementary school and must be governed accordingly. Financing of preschool programs may not be supported by money available from state equalization aid.

Scope of State's Responsibility to Fund Preschool:

Mt. Stat. § 20-7-117

…(2) The trustees of an elementary school district may establish and operate a free preschool program. . . . Financing of preschool programs may not be supported by money available from state equalization aid.

Mt. Stat. § 20-9-311

…(7) The enrollment of prekindergarten pupils, as provided in § 20-7-117, may not be included in the ANB [average number belonging] calculations [performed for purposes of calculating state equalization aid].

Mt. Admin. R. § 10.20.102(15)(a)

To calculate current ANB:

(i) the enrollment reported by the school district on the October and February enrollment report forms to the Superintendent of Public Instruction, pursuant to 20-9-311, MCA, will be adjusted and averaged by budget unit as follows:

By budget unit: [(enrollment for first Monday in October + enrollment for February 1) - (kindergarten enrollment for students receiving less than 181 hours of pupil instruction time per school year) - (one-half kindergarten enrollment for students receiving 181 hours or more of pupil instruction time per school year) - (prekindergarten enrollment) … ]

Source of Funding for Preschool Program:

Mt. Stat. § 20-7-117

…(2) . . . Financing of preschool programs may not be supported by money available from state equalization aid.

Scope of Child's Right to Attend Preschool:

No provisions to this effect.

Curriculum Content Standards for Preschool Program:

None.

Teacher Certification/Qualification Standards for Preschool Program:

Mt. Stat. § 20-7-117

…(2) … When preschool programs are established [by an elementary school district], they must be an integral part of the elementary school and must be governed accordingly. . . .

Other Quality Standards for Preschool Program:

Mt. Stat. § 20-7-117

…(2) … When preschool programs are established [by an elementary school district], they must be an integral part of the elementary school and must be governed accordingly. . . .

Delivery of Preschool Services:

No provisions to this effect.

Requirements for Student Assessment and Program Evaluation:

No provisions to this effect.