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.”
Montana
Montana State doctoral student awarded national research service grant for gut microbiome, arsenic research
MISSOULA — Four out of five members of Montana’s Public Service Commission were in a federal courtroom in Missoula Thursday morning, as the PSC’s former president challenges the disciplinary action taken against him earlier this year. Now, newly released documents are shedding more light on to what led up to this point.
(Watch the video for a closer look at the case.)
New documents shed light Montana PSC dispute
Commissioner Brad Molnar has sued President Jeff Welborn, Vice President Jennifer Fielder and Commissioner Annie Bukacek – the three PSC members who voted in May to require him to work remotely, after an investigation into complaints about his workplace conduct. Molnar has claimed he is being unfairly punished for constitutionally protected speech, and he asked Senior U.S District Judge Donald Molloy to allow him to return to the PSC offices.
Matthew Monforton, Molnar’s attorney, told the judge that barring Molnar from the building was limiting his ability to do his job.
“He has not been officially kicked out of office, but his voice has clearly been diminished,” said Monforton.
But Natasha Jones, an attorney representing the other three commissioners, said the findings were about behavior, not just speech, and that the PSC’s action was a reasonable response.
“These are serious concerns about a pattern of conduct that has made employees quit,” she said.
Jonathon Ambarian
On Tuesday, Molloy ordered the release of redacted versions of two full investigative reports into Molnar’s conduct – more than 100 pages of documents. Monforton had moved for the full reports to be made public, and Molloy ruled attorneys for the other PSC members hadn’t shown a compelling reason to keep the documents under seal as long as the names of people involved in the investigation were obscured.
While the names remained redacted in the investigation reports, the attorneys for Welborn, Fielder and Bukacek also filed additional documents – including a public declaration from Bukacek and from former PSC executive director Alana Lake, providing information about their allegations against Molnar.
The two reports, from an outside investigator, cover Molnar’s alleged actions over two periods: the first from February to August 2025, and the second from August to October 2025. The investigation began after the first formal complaint, filed by Bukacek in May 2025 – though the reports say employees had been bringing up concerns about Molnar’s behavior informally for several months prior.
Bukacek’s complaint claimed Molnar had repeatedly made what she called “sexualized and demeaning comments.” The examples she cited included saying the PSC should replace “Taco Tuesdays” with “Topless Tuesdays,” reminiscing about watching girls in bikinis as a teenager, and commenting about the beauty of women in areas of China who didn’t get “old and wrinkly.”
In her declaration, Bukacek also claimed Molnar had “maliciously disseminated false information” about her and “engaged in behavior that was dismissive, derisive and otherwise abusive.”
“My primary concern now is not for my safety nor my feelings, but for the rest of the staff who may not have the temperament to speak up or may feel too intimidated to speak up given concerns over job security,” Bukacek said in her declaration.
MTN News
The investigators determined Molnar had violated the PSC’s code of conduct by making comments of a sexual nature, and that it appeared his behavior had continued for some time after he was warned about it. They also found he had behaved unprofessionally and in a belittling manner toward Bukacek, though they said Bukacek herself had at times used “language that could be considered inappropriate” in emails to staff or other commissioners. Bukacek told MTN she “readily self corrected” any behaviors that were brought to her attention.
The investigation also found a violation in connection with a complaint from a PSC staff member, who said he “felt bullied” by Molnar when the commissioner sent an email complaining about his team not being “people with competence.”
However, much of the first report and the entire second report was focused on conduct after the initial complaints, when Molnar was accused of retaliating against people who participated in the investigation. Lake said in her declaration that she saw “an immediate and significant change in his behavior toward staff involved in the process.” She claimed he said he would use an attorney and private investigator to go after people who filed complaints, and she accused him of publicly criticizing her in interviews and removing her job responsibilities because of her handling of the investigation.
Lake said Molnar’s actions led to “declining morale within the agency,” undermined staff members’ ability to do their jobs and damaged her reputation. She said that led her to resign as executive director.
“I believe no employee should be forced to choose between reporting misconduct and protecting their career, reputation, or personal well-being,” she said in her declaration.
Lake has since become Helena city manager.
Jonathon Ambarian
The report said there was evidence to show Molnar had retaliated, including by “making disparaging statements about investigation participants” including Lake, by sending an email warning he could file complaints of his own against people involved, and by taking other actions investigators said could dissuade employees from reporting behavior in the future.
Monforton said during Thursday’s hearing that the initial comments Bukacek complained about were jokes Molnar had admitted were inappropriate, that he regretted saying them, and that he hasn’t made any similar comments in about a year. But he argued the vast majority of the findings against Molnar were about retaliation – and that those were primarily based on speech that the other commissioners don’t have the right to interfere with.
Monforton said it’s unreasonable to punish Molnar for what he said in the July news conference where he announced he was under investigation, in interviews with the media or in commission meetings. He said Molnar’s conduct doesn’t rise to the level of actual retaliation.
“This is an elected official, engaging in speech in his forum,” Monforton said.
He said Molnar may have made harsh comments toward staff, but that he had the right to raise objections about the way the agency does business.
Jonathon Ambarian
Monforton also argued the retaliation claims no longer justify keeping Molnar out of the office, since Welborn, Fielder and Bukacek voted to remove him as president in October and he no longer has the authority he’s accused of misusing. He said there haven’t been further complaints about his behavior since that time.
“We’re not asking for the moon and stars, we’re asking for the status quo as it existed for the last seven months,” he said.
Jones said there is enough evidence to show Molnar would have been punished regardless of whether any protected speech was excluded.
“This is not about a couple of jokes,” she said.
Jones said Molnar made maliciously false statements about people like Lake, and that type of statement isn’t covered by free speech protections.
She also said Molnar’s exclusion from the PSC offices is temporary, and that the PSC will reconsider whether to let him return if he apologizes for his actions, accepts the agency’s code of conduct and undergoes training.
Molloy indicated he saw indications that there was “acrimony” on both sides of the situation, and said he was skeptical it would be resolved easily.
“It would be nice if instead of juvenile behavior, there was professional behavior,” he said.
However, the judge said there was an avenue for Molnar to pursue if he wanted to reach a resolution.
Molloy took no immediate action Thursday. He told the parties he would rule as quickly as he could.
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