Legislative Roundup - Week 3

Supporters Say Clarifying "Proficiency-Based Learning" Will Allow More Students to Personalize Their Education

HELENA – Supporters of a bill that aims to allow more Montana students to access so-called "proficiency-based learning" say it is essential to keeping students interested in school.

Sen. Shannon O'Brien, D-Missoula, is sponsoring Senate Bill 8 on behalf of the Education Interim Committee. The bill would add definitions of proficiency-based learning, which O'Brien said will help guide administrators and school employees using the program.

The bill defines "proficiency-based learning" as an "education system in which student progress is based on a student's demonstration of knowledge and skills, not seat time or the age or grade level of the student."

Essentially, these programs allow students to test out of classes they are proficient in, allowing them to take off-campus courses and personalize their education.

"We believe that these types of programs help us reach the people's goal of developing the full educational potential of each person," Rob Watson, executive director of the School Administrators of Montana, said.

David Smith, executive director of the Montana Contractors Association and a supporter of the bill, told lawmakers about a program that his group sponsors called "Build Montana." The program allows students in Billings, the Flathead and Missoula who are able to demonstrate proficiency in in-school classes to get the time away to get real-life experience in construction.

"The point is that they're learning things that they can't learn in school, and it really is hands-on, and seeing it is just the best way for a lot of young people to learn," Smith said.

O'Brien and other supporters said SB 8 is a cleanup bill, meant to ensure that school teachers and administrators understand the intention of alternative school programs.

Transformational learning programs like Build Montana are not being used in every school district. Districts have to apply for grants and demonstrate the progress of the programs.

The Board of Education, Office of Public Instruction, School Board Association, Governor's Office, and others helped craft the bill.

There were no opponents at the bill's hearing.

Lawmakers Discuss Plan to Delist Grizzlies

The Senate Fish and Game committee heard testimony on Tuesday, Jan. 17 on a divisive bill that would provide Fish, Wildlife and Parks with a plan for managing grizzly bears if they are delisted under the federal Endangered Species Act.

Sen. Mike Lang, R-Malta, sponsored Senate Bill 85 on behalf of FWP, which lays out the state's commitments to the federal government, which he said is an attempt to have grizzly bears removed from the endangered species list.

"It doesn't change anything Montana is already doing but will strengthen our assertion that delisting the Yellowstone and the northern grizzly bear populations are warranted," Lang said.

The United States Fish and Wildlife Service delisted grizzlies in the Yellowstone ecosystem in 2017, but this was reversed by a federal judge in 2018.

"This is a conversation about being very clear, being very transparent with the public, being very committed with respect to how the state of Montana will manage grizzly bears after delisting," Quentin Kujala, FWP chief of staff, said.

Kujala said there is a public review process being "pieced together" for the plan, which includes the pillar of meeting the mortality threshold, the calculation of each death compared to living members of the species.

While grizzlies are on the federal endangered species list, it is illegal to harm, harass or kill grizzly bears unless in self-defense.

Removing grizzly bears from the endangered species list would allow for non-lethal and lethal preventive measures to protect Montana residents and their land.

"Federal delisting is a very important issue for human safety and for the safety of our livestock," said Nicole Rolf, representing the Montana Farm Bureau.

Opponents of the bill said lethal action should not be allowed in the plan and that other threats to the bears need to be studied.

"As one of the slowest reproducing mammals on the planet, grizzlies have always been a conservation-reliant species, and ensuring that grizzly bears remain biologically recovered involves a lot more than just population numbers," Nick Gevock, representing the Endangered Species Coalition, said.

Gevock said grizzly bears are an important part of the Montana ecological landscape, and the species shouldn't be prematurely taken off the list; otherwise, there would be major problems sustaining a healthy population within the state.

Some opponents also said they have concerns with FWP's management of wolves after they were delisted.

"We've lost faith in leadership in this administration to manage large carnivores. Until recently, there used to be fair chase; there is no fair chase," said Marc Cooke, president and board member of Wolves of the Rockies.

Eight proponents testified in support of the bill and eight opponents spoke against it.

Bill Would Eliminate Private Support of Elections

The Senate State Administration committee heard split testimony on a bill on Wednesday, Jan. 18, that would make it a felony to accept or provide private funding for elections in counties across the state.

Sen. Shelly Vance, R-Belgrade, is sponsoring Senate Bill 117, which would force counties to pay for elections through public funds. Under current law, counties can use private grants to fund elections and they can take in-kind contributions, like the use of private property and personal services.

Twenty-four states have passed legislation banning or restricting local governments from accepting these resources to pay for elections.

"Elections are one of our most precious rights. Moving forward, this bill will protect election integrity," Vance said.

SB 117 outlines the punishments of using non-public funds in elections as a felony charge with 1-10 years in prison and a fine of up to $50,000.

Several supporters of the bill said anonymous private donations eliminate the transparency Montana residents should expect from their state and local governments during elections.

"Our elections should be funded by Montanans through the public sector in a way that is both transparent and regulated," Austin James said on behalf of the Secretary of State's office.

The Center for Tech and Civic Life is a nonprofit that donated about $350 million in grants to nearly 2,500 election jurisdictions across the country in 2020 to support election officials and infrastructure. Private organizations donated money for grants that were dispersed to county offices to help with election costs across 49 states, including Montana, according to the organization.

Darin Gaub, founder of a group called Restore Liberty, said in support of the bill that third-party donations raise concerns over impropriety in elections across the state.

"This is a basic ethics bill, and that's all there is to it. I do not believe any organization of any kind should be able to donate funds and assist in facilitating elections," Gaub said. "To assist in this context, to me, means to have the appearance of influencing the process whether they mean to or not."

Opponents of the bill said it would lead to the inability of counties to fund elections adequately.

"Senate Bill 117 is a direct attack on the county's ability to conduct proper elections," Patrick Yawakie, a representative for the Blackfeet Tribe, said. "The reality is in many parts of Montana, especially rural Montana, that there is a dire lack of resources of funding, facilities, technology, and infrastructure and other needs that fall under the requirements of an official election office."

Yawakie said the bill would significantly affect tribes and Native American communities. SB 117 would make it illegal for tribes in Montana to donate labor, property, and internet communication infrastructure used for satellite polling locations to help aid in elections, he said.

"The state lacks legal jurisdiction to charge tribes who assist in the process to deliver satellite polling locations to the most rural parts of the state," Yawakie said. "Will the state try and charge the tribes with a felony?"

Lance Four Star, representing the Montana American Indian Caucus, shared a letter with the committee that all the caucus representatives and senators oppose the bill, saying it would restrict access to funds used to ensure Native Americans' access to voting.

The committee did not take immediate action on the bill.

Bill Would Add Penalties for Librarians and School Teachers Who Show 'Obscene' Educational Materials to Students

The House Judiciary Committee listened to testimony Thursday, Jan. 19 on a bill that would add penalties to school teachers for showing obscene educational materials to students.

Rep. Bob Phalen, R-Lindsay, is sponsoring House Bill 234, which would remove exemptions for public school, library and museum employees in displaying obscene material to minors. In current law, it is illegal to sell or display obscene content to minors, except that in a public school, library or museum, employees can show nudity in a scientific or health-related manner.

"Not only will it reduce the amount of obscene material shown in public schools, libraries, and museums, but it will also penalize these entities when in violation," Phalen said.

The bill would eliminate the exception for teachers to show obscene material in educational tools to teach science or health issues, making them susceptible to fines of up to $500 and six months in jail.

Proponents of the bill said there needs to be more connection between what children are learning at home and what they're learning at school when it comes to these topics.

"House Bill 234 is about restoring the trust between parents and schools," said Jeff Lafzloffy of the Montana Family Foundation. "Sadly, many parents lost faith in the school system when they saw what was being taught to their children online during the COVID lockdown."

Supporters of the bill also raised concerns that obscene material is too easily accessible at public schools, libraries and museums, with several saying "it's corrupting our youth."

Opponents of the bill said the legislation has overlooked consequences.

Sam Forstag, representing the Montana Library Association and other opponents, said resources held in libraries used by communities to gain knowledge and information could be at risk.

"For Montana libraries, the anchor institutions in so many communities where they provide access to knowledge and information that are essential to a healthy democracy and to our First Amendment rights, the changes that this could make would be debilitating," Forstag said.

There were also concerns that HB 234 would criminalize library professionals and create a fear of legal liability that would censor what materials could be housed.

Others said the ability to present accurate depictions of history in museums through art and other forms could also be at risk.

"Putting restrictions on what a museum, whether it be art or history, can do suppresses efforts to support artists and a full picture of the experiences of our nation's history," Matt Lautzenheiser, executive director of the Historical Museum at Fort Missoula, said.

Several opponents also questioned where the Bible would fall under the restrictions and raised concerns about the ability to teach religion adequately to children. They said that the Bible contains passages of detailed writing on rape, dismemberment, false idols, and more that could be viewed as obscene.

The committee did not take immediate action on the bill.

Caven Wade is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Montana Newspaper Association and the Greater Montana Foundation. He can be reached at [email protected]