The OPI is providing this newsletter every month for an update on current events and ongoing education-related issues in Montana. The next Navigator will be sent to you in

June 2024

For previous editions of the Navigator click here.

Superintendent's Message

The history of Title IX dates back to 1972, and it was meant to protect biological women from discrimination in educational programs and activities. On April 19, 2024, the Biden administration finalized the 1,500-page federal Title IX rule changes. The rules made sweeping changes to expand the definition of “sex” to include “gender identity”. These new Title IX rules directly contradict Montana law. 

The Montana legislature passed SB 458 by Senator Carl Glimm and HB 361 by Representative Brandon Ler, in full transparency during the 2023 session. SB 458 defines a male as having XY chromosomes and a female as having XX chromosomes. HB 361 protects individuals from claims of unlawful discrimination when one student refers to another student by biological sex.

On Thursday, April 25, I sent a letter to our County and District Superintendents, Principals, and School Board Chairs regarding the new federal Department of Education's Title IX rule. I have directed Montana schools to not implement the new Title IX rules that will foster discrimination against our young girls. The new rules do not take effect until August, and the legal challenges are mounting to stop this attack on biological sex. Currently, Montana law still stands and schools must abide by the laws of our state.

On May 1, 2024 I held a press conference on the steps of the Montana State Capitol in defense of the rights of Montana girls and against the dangerous rewrite of Title IX rules. 

Timeline

• On September 12, 2022, Superintendent Arntzen submitted public comment opposing the Biden Administration’s proposed federal Title IX rules changes.
• On April 19, 2024, the Biden administration finalized the 1,500-page federal Title IX rule changes.
• On April 25, 2024, Superintendent Arntzen sent a letter to school districts informing them that the federal Title IX rule changes contradict state law and harm free speech, due process, and parental rights.
• On April 29, 2024 Montana Attorney General Austin Knudsen led a coalition of attorneys general  in filing a lawsuit against the Biden administration’s unlawful Title IX rule. 
• On May 1, 2024, Superintendent Arntzen held a press conference regarding  objections to the federal Title IX rule changes.

OPI Invites You to the Teacher Appreciation BBQ and Open House

May 6th -10th is Teacher Appreciation Week. Please take extra time this week to thank all the amazing teachers in your communities who help educate Montana children! 

Legislative Updates

Legislative Implementation

HB 549 - Public Charter Schools Act  By Rep. Fred Anderson

Please read Superintendent Arntzen's latest OpEd, Court Order on Public Charter Schools is a Win for Montana Students where she discuss the recent court order that stated that the Office of Public Instruction (OPI) “is charged with opening, the Board (of Public Education) with preopening; the Board establishes schools, OPI opens them.”

A summary of the positions that the Board of Public Education (BPE), the Montana Quality Education Coalition (MQEC), and my office took on the implementation of Public Charter Schools:

• OPI’s position was that Title 20, Chapter 6, Part 5 (Opening and Closing of Schools) applied to public charter schools.
• BPE’s position was that the Board could declare the public charter schools open and direct the public charter school opening process.
• MQEC’s position was that Title 20, Chapter 6, Part 5 (Opening and Closing of Schools) did not apply to public charter schools and that, instead, the Board’s directive should be required.
• OPI and MQEC reiterated their opposing positions during the briefing on the preliminary injunction motion.
• The District Court determined that OPI, not the Board, is responsible for public charter school opening.
• The District Court did not order OPI to comply with the Board’s directive or prohibited OPI from enforcing Title 20, Chapter 6, Part 5, with one exception regarding only elementary schools: “OPI is preliminarily enjoined from requiring compliance with the parental petition, county superintendent approval and county commission approval provisions of Mont. Code Ann. § 20-6-502 as a condition to issuing schools codes and other support provided by OPI to charter schools.”
• Furthermore the Court recognized that: "The Act [HB 549] could have given the
  Board exclusive supervision over public charter schools, but it did not. The Act
  could have exempted public charter schools from the other provisions of Title 20,
  but it instead expressly applied Title 20 to charter schools. The Act could have
  authorized the Board to open public charter schools, but it did not use that
  language."
• The court's ruling gives the opportunity for the legislature to reconfigure the Charter School opening process during the 2025 legislative session.

Superintendent Arntzen released the following statement after the court order: “Unaccountable associations and woke organizations will continue to attack me for being a conservative and putting students, parents, and families first. The district court’s recent order clarifies that I am following the laws of our great state and NOT ignoring my constitutional duty to our students and schools. I have been a champion of school choice for children and parents during my time in office. I look forward to continuing to work with our school districts to open the Public Charter Schools in accordance with the law and the court’s order.” 

Immediately upon receiving the court’s decision OPI reached out to the Board of Public Education and notified the 11 school districts that have the 19 Public Charter School contracts. Superintendent Arntzen is excited to announce that the process of opening the new Public Charter Schools has continued, despite the delays by woke associations.

As of May 3, 2024, the following Public Charter Schools have received their school codes and are on schedule to open:

• Billings Early College School
• Billings Multilingual Academy
• Billings Opportunity School
• Corvallis Distance Learning Center
• Corvallis Pathways Learning Center
• Great Falls Core School 
• Missoula CONNECT Academy
• Missoula TEACH Academy

The request to open a BPE-approved charter school can be found on the OPI’s charter school webpage.  If you have any questions, reach out to our School Finance Unit at OPISchoolFinance@mt.gov.

For more information, please contact Barb Quinn, Financial Manager.

HB 393 -  Students with Special Needs Equal Opportunity Act  By Rep. Sue Vinton

HB 393 established a students with special needs education savings account (ESA). Qualified students, those identified as a "child with a disability" under the Individuals With Disabilities Education Act, 20 U.S.C 1400, may be eligible for reimbursement of allowable education expenses.

On May 1, 2024 OPI opened the application process for the ESA program. There are two application windows, May 1, 2024 – June 1, 2024, and November 2024 to December 2024. The application and parent handbook can be found HERE. Parents from 4 counties from across Montana have already applied. 

A timeline of the Education Savings Account:

• On April 27, 2023, HB 393, the Montana Legislature passed the Students with Special Needs Equal Opportunity Act, which created the Education Savings Account (ESA).
• On May 18, 2023, HB 393 was signed by the Governor.
• On July 1, 2023, HB 393 became effective.
• On November 28, 2023, the Office of Public Instruction (OPI) opened applications for the ESA Steering Committee.
• On December 10, 2023, OPI announced the ESA Steering Committee members.
• On January 9 and February 12, 2024, OPI held the first two ESA Steering Committee meetings.
• January 9, 2024, meeting Agenda and Recording
• February 12, 2024, meeting Agenda and Recording
• On January 23, 2024, the Montana Quality Educators Coalition (MQEC) and Disability Rights Montana filed a lawsuit against HB 393.
• On January 23, 2024, MQEC and Disability Rights Montana filed a lawsuit against HB 393, the Education Savings Account (ESA). Superintendent Arntzen responded, “As the daughter of a special education teacher, I have always supported children of all abilities. Local accountability starts with the family. Montana parents know the educational needs of their students better than the government. The special education savings account has specific parameters for the use of state dollars and a rigorous accountability process. Our children deserve the best education that they can receive. HB 393 aims to provide this by putting Montana students first.”
• On March 11 and April 8, 2024, OPI held two more ESA Steering Committee meetings.
  • March 11, 2024, meeting Agenda and Recording
  • April 8, 2024, meeting Agenda and Recording
• On April 8, 2024, OPI hired an account specialist to handle the flow of ESA dollars
• On April 11, 2024, OPI published that the ESA applications would be available on May 1, 2024.
• On April 15, 2024, OPI released a Family Interest Survey. About 60 Montana parents and families contacted OPI with interest in utilizing the ESA.
• On April 22, 2024, a motion for a preliminary injunction was filed by MQEC to stop the implementation of HB 393. Superintendent Arntzen responded: “Unaccountable organizations and associations utilize our court system when they can’t win in the Legislature. Montanans elect representatives to be their voice and pass legislation at our Capitol. These stuck-in-the-mud education groups are hurting children of all abilities and parental choice by standing in the way of Montana’s constitutional promise to develop the full educational potential of all children. I have always been and will continue to be a fierce advocate for transparency, parental rights, and expanding educational choices for our children."

For more information, please contact Whitney Williams, Education Savings Account Specialist. 

SB 99 - Establish Parameters for K-12 Human Sexuality Education (2021 Session) By Sen. Cary Smith

During the 2021 legislative session, SB 99, Establish parameters for K-12 human sexuality education, was passed. On April 9, 2024, Empower MT, the Montana School Counselors Association, The Association of School Psychologists, two educators, and two students filed a lawsuit against the Governor, the Board of Public Education, and my office.

Superintendent Arntzen responded: “Woke organizations are once again attacking me because I am a conservative and I’m standing for parental rights. Government bureaucracy doesn’t own our children. I stand with Montana parents who are rightfully concerned over sexual indoctrination in the classroom. Montana families have the right to know what their children are being taught and the right to opt-out of participating. I will continue to fiercely defend parental rights.”

Two bills to amend this statute were considered in the 2023 session, but both failed to pass. HB 566- By Representative Fred Anderson HB 502- By Representative Kerri Seekins-Crowe

For more information, please contact Rob Stutz, Chief Legal Counsel, at Rob.Stutz@mt.gov.

HB 811 - Trustee Repository By Rep Marta Bertoglio .

This legislation, codified as Title 20, Chapter 3, Part 3 (MCA), required the OPI to create a repository, available through its website, making trustee contact information readily available for each school district of the state. This repository is located on OPI's main webpage under the link Trustee Repository. 

With school board elections coming up, trustees and clerks will need to update their information for the repository. OPI staff will be communicating with clerks and trustees to ensure the repository is updated.

For more information, please contact Barbara Quinn, Financial Manager.

HB 203 - Out-of-District Tuition By Rep David Bedey

This legislation generally revised education laws to enhance educational opportunities. This amended the title of 20-5-320, MCA, to be: Out-of-district attendance by parent or guardian request with no extenuating circumstances . In addition, this provides limited circumstances under which an out-of-district attendance application may be denied, as well as requiring the resident district to pay for resident children who attend out of district. The OPI has updated the Student Attendance Agreement Form, FP-14, to align to this new legislation, and has posted guidance and FAQ document to assist schools with implementation. 

For more information, please contact Barbara Quinn, Financial Manager.

HB 143 - TEACH Act : Provide incentives for increasing starting teacher pay (2021 Session) By Rep Lew Jones

The "TEACH Act" created an incentive for districts to increase starting teacher salaries by establishing a "legislative goal" of 10 times the Quality Educator (QE) payment as the benchmark for "competitive base pay". The incentive is an additional QE payment added to the district's general fund budget for teachers in the first three years of their teaching career.

Under the TEACH Act, school districts are required to submit data by December 1^st for the OPI to assess the school district’s eligibility in a timely manner. The OPI makes every effort to assist school districts with reporting under the data entry system. OPI held virtual office hours, went on road shows across the state, and were available to provide school districts with every opportunity to report their data.

Fifty schools successfully completed their data form by the December 1^st deadline, as required in statute, and were eligible for the incentives offered under the TEACH Act.

Nineteen school districts initiated the data submission form for the quality teacher incentives under the TEACH Act but did not complete the process. OPI contacted these school districts via email and phone to notify them of the incomplete data and allowed them to complete their initiated data form. With assistance from OPI, eight of these school districts were determined eligible for quality teacher incentives and will be receiving the payment.

A total of 58 schools applied for and are eligible for quality teacher incentives under the TEACH Act for FY 2025.

For more information, please contact Katie Bloodgood, Legislative Liaison.

Calendar

The Gavel provides updates on the implementation of new laws, in-depth research, links to interesting topics, and timely items about the Legislature.

Legislative Calendar Updates

May

5/6 - Subcommittee on Water Rights Information System - Remote

5/7 - CPS Work Group  - Room 102

5/7 - Economic Affairs Committee - Room 137

5/7 - Broadband IIJA Communications Advisory Commission - Room 172

5/8 - Transportation Interim Committee - Room 102

5/8 - Court System for Dependency and Neglect Task Force - Room 172

5/9 - Children, Families, Health and Human Services Committee - Room 102

5/9 - Joint 9-1-1 and Public Safety Radio Advisory- Room 172

5/9 - Revenue Interim Committee - Room 137

5/10 - Revenue Interim Committee - Room 137

5/10 - Criminal Justice Oversight Council Data Warehouse Work Group- Remote

5/13 - Criminal Justice Oversight Council- Room 102

5/14 - Law and Justice Committee- Room 137

5/15 - Law and Justice Committee - Room 137

5/15 - Special Select Committee on Energy Resource Planning and Acquisition - Room 172

5/16 - HJ 23 Subcommittee of the State Administration and Veterans Affairs Committee - Remote

5/20 - Water Policy Committee - Room 172

5/21 - Water Policy Committee - Room 172

5/22 - Energy and Telecommunications Committee- Room 172

5/22 - Local Government Committee- Room 137

5/23 - Energy and Telecommunications Committee- Room 172

5/23 - State Administration and Veterans Affairs Committee - Room 137

June

6/6 - Governor's Office of Community Service Commission Meeting

Join us in Celebrating

Purple Star Schools and Purple Star Champions

Montana is home to over 6,400 military-connected children with a parent currently serving in the United States Military. There are nearly 3,800 active duty military members in Montana and over 5,700 National Guard and Reserve members. Purple Up! Day was celebrated on April 18, 2024, in Great Falls to honor Montana’s 2024 Purple Star Schools and Purple Star Champions. Montana’s 2023-2024 Purple Star School Awardees are: Valley Christian School, Missoula, MT (renewal) Loy Elementary School, Great Falls, MT (renewal) North Middle School, Great Falls, MT (renewal) CMR High School, Great Falls, MT (renewal) Washington Middle School, Glendive, MT The 2023- 2024 Purple Star Champion Awardees are: Nick Budeski, CMR High School Counselor in Great Falls Jamie Williams, CMR High School Librarian and Instructional Coach in Great Falls Lisa Sapp, Malmstrom Air Force Base School Liaison in Great Falls

The Military Interstate Children's Compact Commission (MIC3) was adopted by the Montana legislature through SB203 which resulted in 20-1-230 & 20-1-231 MCA.  MIC3's purpose is to remove barriers to educational success imposed on children of military families. Through the Interstate Compact key educational transition issues encountered by children of military families are addressed.

The Military Interstate Children's Compact Commission Members

• US Airforce Sergeant Ray Shaw
• State Superintendent Elsie Arntzen 
• Colonel Ciro De La Vega
• Representative Ed Buttrey
• Lisa Sapp - Malmstrom Air Force Base School Liaison
• Brigadier General Brad Livingston 
• Brian Michelotti, Executive Director, Montana High School Association

For more information, contact Kiera Moog, Family Engagement Specialist.

MT Ready Trade Days

Montana Ready Trade Days in Lewistown was a huge success with over 500 students attending! Thank you to Allied Steel, Central Plumbing, Heating, Excavation, and Dick Anderson Construction for sponsoring this event. A huge shout out to Mary Heller, MT Ready Coordinator, Jillian Bellah, Central Montana Regional Career Coach, and Kelsey Brown, North Central Montana Regional Career Coach for organizing the event.

For more information, contact Mary Heller, Montana Ready Coordinator.

Montana Aligned to Standards Through-Year (MAST) Program

Ninety-three districts, 212 schools, and approximately 30,000 students from across Montana are playing an active role in driving innovative change in statewide testing. The final testing window for the MAST Pilot began April 15, 2024 and will conclude on May 10, 2024 for grades 3 through 8 in math and reading/language arts. In its second year of piloting, the MAST assessment will operationalize as the statewide assessment for grades 3-8 in math and ELA in SY 2024-2025. This innovative assessment offers flexibility in test administration, delivers timely feedback on student learning to enhance instructional utility, and assesses students more closely to when learning occurs. In addition to its instructional utility, the MAST assessment will also produce a summative score that will be utilized for federal accountability purposes. The OPI extends sincere appreciation for the collaborative efforts of all MAST stakeholders and acknowledges the substantial contributions they've made to developing this Montana-made assessment. We highly value the feedback provided by participating districts and commend their flexibility as we utilize this feedback to refine and innovate this assessment. For more information, contact Tressa Graveley, Assessment Specialist.

Elementary and Secondary School Emergency Relief Funds (ESSER)

The ESSER team holds open office hours 6 days a week via Zoom, phone, email, text, and in-person to offer support to school districts. Remember ESSER III deadline is on September 30, 2024.  The state-wide ESSER allocation through April 26, 2024, is:

For more information on ESSER please click here or contact Wendi Fawns at wendi.fawns@mt.gov.

Teacher Residency Program Recruitment

The OPI is actively recruiting for the third year of the Resident Teacher program, a comprehensive year-long student teaching initiative designed to provide aspiring educators with immersive, hands-on experience in real classroom settings. This full-year student teaching program aims to foster the growth and development of future educators while simultaneously supporting the needs of schools and districts. The Resident Teacher program is structured to offer a symbiotic relationship between the resident teacher, mentor educators, and the school community. Resident teachers are selected through a collaborative process and are paired with experienced mentor teachers to facilitate their professional growth and learning. Throughout the duration of the residency placement, the resident teacher will actively engage in classroom instruction, curriculum development, student assessment, and other essential aspects of teaching under the guidance and mentorship of seasoned educators. The goal is to provide them with a well-rounded experience that prepares them for a successful and lasting career in education, striving to improve the recruitment and retention rates of Montana teachers.  If your school is interested in participating in our Resident Teacher program for the 2024-25 school year, please contact Krystal Smith to discuss the details further and answer any questions you may have.  Below is the link to complete the district survey if you're interested in participating.   https://forms.gle/E9H5w2S58GVDV9y17

Budget and Education Working Group

March 18, 2024, Superintendent announced the creation of the Budget and Education Working Group. Over 170 Montana teachers, parents, taxpayers, school clerks, and superintendents submitted their names to be a part of the working group.  Due to overwhelming interest, there will be seven breakout groups based on the areas of interest expressed on the application: Special Needs students and programs Teacher pay, retention, recruitment. Rural, Population, & Culture Sustainability & tax burden Programs & Curriculum Funding Formula School Budgeting The first meeting was held on April 24, 2024, at 7:00 PM via Zoom. The meeting included: A review of the purpose and logistics of the working group A presentation on the budget process and formula & ESSER Questions A recording of the meeting can be viewed here. The following meetings will be held in May, June, & July. For more information, please contact Katie Bloodgood, Legislative Liaison.

2025 Teacher of the Year Nominations

The 2025 Montana Teacher of the Year applications opened on April 8, 2024. All Montanans are encouraged to fill out the simple nomination form before May 10, 2024. Teachers may self-nominate through the form as well. All nominated teachers will be contacted and asked to fill out an application. Applications should be sent to MTTOY@mt.gov. As of May 3, 2024, there were 67 nominations submitted to OPI.

The 2025 Montana Teacher of the Year timeline is:

• May 10, 2024 Nominations due
• June 21, 2024 Applications due to MTTOY@mt.gov
• July-August 2024 Applications reviewed by committees
• Mid-September 2024 Finalists selected
• Mid-September 2024 Finalists interviewed by state committee, MT TOY selected
• October 2024 National Teacher of the Year Application Due to CCSSO
• February 2025 MT TOY begins duties and NTOY activities

For more information, please contact Brian O’Leary, TOY Coordinator, at brian.o'leary@mt.gov.

OPI Press Releases

Questions? Contact: 

Katie Bloodgood, Legislative Liaison, (406) 444-2082

The OPI is committed to providing reasonable accommodations to people with disabilities. If you need a reasonable accommodation, require an alternate format, or have questions concerning accessibility, contact the OPI ADA Coordinator, 406-444-3161, opiada@mt.gov, Relay Service: 711.