A Helena judge has blocked a program that allowed parents of students with disabilities to spend state funds on private education expenses.
Helena District Court judge Mike Menahan sided with education and disability rights advocates in his ruling blocking the state’s Education Savings Account program. It granted qualifying families of students with disabilities up to $8,000 each year to pay for nonpublic education expenses, such as private school, homeschool materials, and tutoring.
Judge Menahan found the program was being funded illegally, because lawmakers hadn’t followed proper procedure. Attorney for the plaintiffs Rylee Sommers-Flanagan says the law took money from school districts with no guarantee students in the program would receive a quality education.
“I do not think that the Legislature can constitutionally take public money out of public schools and give it to private individuals,” Sommers-Flanagan told MTPR in a phone interview. “I don’t think that will ever be a constitutionally successful approach.”
Republican lawmakers established the program in 2023. They said it would give students with disabilities more flexibility to get the education they need.
Plaintiffs Montana Quality Education Coalition and Disability Rights Montana likened the education savings account program to a “school voucher” system, where public tax dollars are distributed to parents to pay for private education. Some conservative state lawmakers have long been interested in such systems, which they say would expand school choice.
In a statement, State Superintendent of Public Instruction Susie Hedalen called the ruling disappointing. She said parents with students in the program reported their children were “happier and more successful in their learning.” The education department reported 75 families had education savings accounts as of this summer.
