HELENA — On Friday afternoon, school choice advocates gathered at the Montana State Capitol for an annual rally marking “National School Choice Week.” One of the main themes this year was frustration with court rulings that have struck down some school choice programs in the state.
Speaking at the rally, Gov. Greg Gianforte told those in attendance he was proud of steps his administration had taken to provide more educational options, including signing two bills expanding charter schools and joining a federal tax credit program for people who donate to K-12 scholarships. But, he said, “universal school choice” wouldn’t be possible without making changes to the way Montana elects judges.
“The biggest hurdle to universal school choice is the Montana Supreme Court,” he said. “They are out of step with Montana families.”
Watch the video to see more from Friday's rally:
Gianforte reiterated his call for allowing judicial candidates to run with party labels, an idea he pushed hard for during the 2025 Montana Legislature.
“By allowing judicial candidates to optionally declare their party affiliation, we will know where they stand on key issues like education freedom,” he said.
A series of bills attempting that change during the 2025 session were all voted down.
The public could have a chance to weigh in on the issue before the Legislature gets back for its 2027 session. The committee Montanans for Nonpartisan Courts is gathering signatures for a proposed ballot measure, Constitutional Initiative 132, that would enshrine nonpartisan judicial elections in the state constitution.
One of the main rulings that those in attendance Friday took issue with was a December decision in which a state district court judge ruled that a program establishing educational savings accounts for students with special needs was unconstitutional. Judge Mike Menahan found the funding mechanism in the bill creating the accounts was invalid.
“It was very disappointing because, in essence, what the courts found was that our kids were reduced again to dollar signs – and they're more important than dollar signs,” said Katherine Walter, a mother from Meagher County.
Walter, who spoke at the rally, says her family is one of the ones that has benefited from those accounts. She says she became interested in school choice when she found it difficult to get accommodations in public school for her 11-year-old son, who has autism and other disabilities.
“When the ESA accounts came about, I was very interested in them and how they could help families who were struggling in the public school system,” she said.
Walter had already taken her son out of public schools, so he wasn’t eligible for an account – but her 15-year-old son, who has difficulty with writing due to dysgraphia, was able to enroll. She says they’ve been able to get help for things like tutoring, technology assistance and transportation to see an occupational therapist.
“For my son, we aren’t limited by what our family can afford, and he gets the services he needs immediately to support his educational dreams,” she said.
Walter also volunteered to join the state steering committee that oversaw the program. She says the committee helped create guidance for what expenses would be allowed, how payments would be processed and other details.
“I was passionate about being involved because I wanted to make that process easy for the families,” she said. “Working with school districts for those IEPs was very difficult, so I didn't want this to be another difficult process for them.”
The lawsuit challenging the accounts was filed by the Montana Quality Education Coalition and Disability Rights Montana, who claimed 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.
After Menahan struck down the law, he granted a stay that allows the accounts to stay active through the end of this school year. Walter says she’s grateful for that.
“These kids don't need their school year disrupted, they need continuity and they need reliability from us, they need to continue what they're doing,” she said. “I don't know what's going to happen at the end of the school year, which is very stressful for us parents – it's also very stressful for the kids. I'm hoping that some kind of resolution can be found because the accounts do need to continue.”
