On June 14, 2023, a group of ten individual and organizational plaintiffs filed suit to prevent the state from privatizing education in Montana. 

Governor Greg Gianforte signed into law House Bill 562 on May 18, 2023.  HB 562 creates what it euphemistically refers to as a “community choice” school system.  Far from reflecting the needs of Montana communities or giving choices to stakeholders, HB 562 designs a separate and unequal system of state-subsidized private schools in direct conflict with the system of equal, free, and quality public education that the Montana Constitution guarantees.  In fact, HB 562 violates the Montana Constitution in more than six distinct ways.  

Plaintiffs concurrently filed a motion for a preliminary injunction, which asked the court to prevent HB 562 from being implemented while the litigation is pending. On September 6, 2023, a Montana district court granted a preliminary injunction.