HELENA — A state judge has ruled the Montana law that created education savings accounts for students with special needs is unconstitutional.
The Republican backed House Bill 393, sponsored by now-Sen. Sue Vinton, R- Billings, was passed by the 2023 Montana Legislature.
The law allowed parents of students with special needs to create an education savings account by diverting the school’s funding for the student into an account controlled by the Office of Public Instruction.
That funding could then be used for private schooling, tutoring, therapy and other education-related expenses.
A lawsuit filed by the Montana Quality Education Coalition and Disability Rights Montana, claimed that the law required families to waive educational rights in exchange for funding that would not cover basic needs. They also argued the legislation overstepped the authority of local school boards and did not follow requirements on funding.
In his ruling, Judge Mike Menehan found the law unconstitutional because the bill was not appropriately funded during the legislative process.
On whether the program was lawful, he sided with the defendants, stating, “Local boards of trustees have always been subject to legislative control. The legislature determines how tax revenues are collected and directed towards public education and how local districts spend their education dollars.”
“Our schools do not take lightly the constitutional imperative to provide Montana children with quality, equal education,” said Doug Reisig, MQEC’s Executive Director. “Taking money from public schools for vouchers without clear limits on how much and where that money will be spent is unconstitutional, pure and simple.”
For now, the program can not operate until the legislature addresses the funding or there is action from another court.
OPI Superintendent Susie Hedalen said in a statement she was disappointed with the decision, given the success they’d seen from participants.
“This decision is disappointing, particularly for the families who have benefited from the Education Savings Account program. The ESA program provides important flexibility for families of children with special needs to choose educational settings and supports that best meet their children’s individual needs,” stated Hedalen.
Hedalen noted she respects the role of the judiciary and will review the decision to determine next steps.
