Montana
Public charter schools in Montana set to open, related legislative tweaks possible • Daily Montanan
The Montana Legislature may consider “minor” changes to statutes related to public charter schools during its 2025 session following a recent court order, said a legislator and chairperson of an education committee.
But 18 schools are slated to open this year, according to the Office of Public Instruction.
Rep. Dave Bedey, R-Hamilton, said Thursday he believes the bill that opened the door for more charters is clear as written.
“At the end of the day, I’m just gratified that schools across the state are going to be able to put these innovative programs into place without delay,” Bedey said.
In the 2023 session, the legislature approved House Bill 549, which eased the way for more charter schools through the public school system. However, a lawsuit filed this spring alleged the Office of Public Instruction was throwing up roadblocks.
Last month, a Lewis and Clark District Court judge disagreed with the Office of Public Instruction’s interpretation that certain prerequisites needed to be met to get the charter schools off the ground, such as a parental petition and approval from county commissioners.
The legal dispute took place as students made plans to attend the new schools, but educators alleged the argument over how to open them meant likely delays.
Last week, the court signed off on an agreement between the plaintiffs, the Montana Quality Education Coalition, and defendants, Superintendent Elsie Arntzen and the Office of Public Instruction, that resolves some of the fight.
In the stipulation, the Montana Quality Education Coalition agreed Arntzen and the OPI had implemented processes that allow the schools to start operating by July 1, 2024, and that they were in compliance with the court’s order for a preliminary injunction last month.
Court order
“IT IS HEREBY ORDERED THAT this Court’s Preliminary Injunction Order, dated April 17, 2024, remains in effect pending an order terminating this Court’s preliminary injunction or until the Montana Legislature has the opportunity during the 2025 session to amend relevant statutory authority regarding the responsibilities of the Board of Public Education, the Office of Public Instruction, and the Superintendent of Public Instruction relative to the authorization of and opening of public charter schools in Montana. The remaining claims for declaratory and permanent injunctive relief are dismissed with prejudice and with each party bearing responsibility for their own attorney’s fees and costs.” — Order from Lewis and Clark District Court
The Montana Quality Education Coalition describes itself as made up of more than 100 school districts and five education organizations and one of the largest education advocacy organizations in Montana.
The agreement the judge approved acknowledges the preliminary injunction from April 17 remains in effect unless the court terminates it or the legislature amends relevant statutes. It also dismisses outstanding claims.
In an email this week, the Office of Public Instruction notes that as of May 13, it had opened 15 of 18 schools enrolling students this year.
“The OPI is working with one school to correct some of the information that was submitted and is waiting on applications from two schools,” the agency said in an email. “One of the approved public charter schools will not open until the fall of 2025.”
Rep. Bedey, chairperson of the interim budget committee on education, said Thursday he doesn’t believe amendments are needed, although small changes are possible.
Rather, he said a plain reading of HB 549 clearly indicates the approval process for schools, the authority of the Board of Public Education, and the duty of the Office of Public Instruction.
All the same, Bedey said the legislature has an opportunity to make “some minor changes” to make the intentions of the bill “crystal clear and remove any ambiguity” given some people had a “contrary reading” of it.
At a committee meeting in March, legislators voted 6-2 to send a letter to Arntzen telling her she was failing students and not meeting her Constitutional duties related to HB 549 and other educational programs legislators had supported.
The Montana Quality Education Coalition filed the lawsuit later the same month.
“It’s regrettable that this issue had to go to the courts for resolution because the meaning of the law was clear,” Bedey said. “It’s regrettable that we were unable to convince the superintendent of that when her lawyer appeared before us in a committee meeting in March.”
Everyone makes mistakes, even experienced professionals; a good reminder for the rest of us to learn from those mistakes. The motion in State v. Stroup starts off well in its initial pages (no case law hallucinations), but is then followed by several pages of two other motions, which I don’t think the lawyer was planning to file, and which appear to have been AI-generated: It begins with the “Below is concise motion language you can drop into …” language quoted above.
Griffen Smith (Missoulian) reported on the story, and included the prosecutor’s motion to strike that filing, on the grounds that it violates a local rule (3(G)) requiring disclosure of the use of generative AI:
The document does not include a generative artificial intelligence disclosure as required. However, page 7 begins as follows: “Below is concise motion language you can drop into a ‘Motion to Admit Mental-Disease Evidence and for Related Instructions’ keyed to 45-6-204, 45-6-201, and 4614-102. Adjust headings/captions to your local practice.” Page 10 states “Below is a full motion you can paste into your pleading, then adjust names, dates, and styles to fit local practice.” These pages also include several apparent hyperlinks to “ppl-ai-file-upload.s3.amazonaws,” “ppl-ai-fileupload.s3.amazonaws+1,” and others. The document includes what appears to be an attempt at a second case caption on page 12. It is not plausible on its face that any source other than generative AI would have created such language for a filed version of a brief….
There’s more in that filing, but here’s one passage:
While generative AI can be a useful tool for some purposes and may have greater application in the future, when used improperly, and without meaningful review, it can ultimately damage both the perception and the reality of the profession. One assumes that Mr. Stroup has had, or will at some point have, an opportunity to review the filing made on his behalf. What impression could a review of pgs. 12-19 leave upon a defendant who struggles with paranoia and delusional thinking? While AI could theoretically one day become a replacement for portions of staff of experienced attorneys, it is readily apparent that this day has not yet arrived.
The Missoulan article includes this response:
In a Wednesday interview, Office of Public Defender Division Administrator Brian Smith told the Missoulian the AI-generated language was inadvertently included in an unrelated filing. And he criticized the county attorney’s office for filing a “four-page diatribe about the dangers of AI” instead of working with the defense to correct her mistake.
“That’s not helping the client or the case,” Smith said, “and all you are doing is trying to throw a professional colleague under the bus.”
As I mentioned, the lawyer involved seems quite experienced, and ran for the Montana Public Service Commission in 2020 (getting nearly 48% of the vote) and for the House of Representatives in Montana’s first district in 2022 (getting over 46% of the vote) and in 2024 (getting over 44%). “Его пример другим наука,” Pushkin wrote in Eugene Onegin—”May his example profit others,” in the Falen translation.
Thanks to Matthew Monforton for the pointer.
HELENA — You probably have goals and plans for 2026—the Montana Department of Agriculture does too.
“We’re really focusing on innovative agricultural practices,” Montana Department of Agriculture director Jillien Streit said.
It’s no secret that agriculture—farming and ranching—is not easy. There are long days, planning, monitoring crops and livestock, and other challenges beyond farmers’ and ranchers’ control.
(WATCH: Montana Department of Agriculture focusing on innovation in 2026)
Montana Department of Agriculture focusing on innovation in 2026
“We have very low commodity prices across the board,” Streit said. “We still have very high input prices across the board, and we have really high prices when it comes to our equipment, and so, it’s a really tough year.”
But innovation, including new practices, partnerships and technology use, can help navigate some of those challenges.
“We can’t make more time and we can’t make more land, so we need to start putting together innovative practices that help us maximize what our time and land can do,” Streit said.
Practices range from using technology like autonomous tractors and virtual fencing—allowing rangers to contain and move cattle right from their phones—to regenerative farming and ranching.
“It is bringing cattle back into farming operations to be able to work with cover cropping practices to invigorate the soil for new soil health benefits,” Streit said.
The Montana Department of Agriculture is working to help producers learn, share, and collaborate on new ideas to work in their operations.
The department will share stories of practices that work from farms and ranches across the state. Also, within the next year or so, Streit said the department is hoping to roll out technology to help producers collaborate.
“(It’s) providing a communication platform where people can get together and really help each other out by utilizing each other’s assets,” she said.
While not easy, agriculture is still one of Montana’s largest industries, and Streit said innovating and sharing ideas across the state can keep it going long into the future.
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