Montana Special Needs Equal Opportunity Education Savings Account Program

To qualify, students must have an Individualized Education Plan (IEP) and be identified as having special needs under the Individuals with Disabilities Education Act (IDEA) definition of a “child with a disability.” This definition includes students with autism; an intellectual disability; a hearing or visual impairment; a speech or language impairment; a serious emotional disturbance; an orthopedic impairment; a traumatic brain injury; another health impairment and/or a specific learning disability. Qualified students must also be Montana state residents between ages 5 and 19, and must have attended public school in the previous school year, or be newly eligible to attend public school in Montana, or have been enrolled in the previous school year at a school for juvenile corrections or the deaf and blind. _(Last updated July 15, 2024)_

Qualifying expenses for education savings accounts include tuition and fees; software; online programs and tutoring; distance learning; curriculum and supplemental materials; educational therapies and services; standardized test fees (plus college entrance); unbundled courses at public school; $50 for consumables (such as paper and pens); transportation; college tuition; books; and fees to education co-op. Funds roll over each year until the student’s 24th birthday. _(Last updated December 12, 2024)_

Each ESA is funded from part of the state and local funds allocated for a student at their local public school. The eligible ESA value is calculated by a combination of factors under the state’s BASE aid and dependent upon the student’s resident district. Estimated values for elementary students fall between $5,000 and $6,000 annually, while high school students have estimated awards between $6,400 and $8,000 annually. The Education Savings Account is a reimbursement program for eligible expenses. Families work directly with the Office of Public Instruction for reimbursement after submission of eligible expense receipts. Parents may request reimbursement monthly. Equal Opportunity Education Savings Accounts are connected to Montana’s funding formula, and any Montana student who is eligible to participate may receive funding. _(Last updated December 12, 2024)_

There is a pending legal challenge against this program, but the challenge has not stopped implementation of the program. In January 2024, opponents sued trying to stop this program before its launch in spring and summer of 2024. They argued that the program violated the Montana Constitution by giving parents reimbursements from tax dollars, by allowing special needs students to access programs outside the heavily regulated special education in public schools, by not capping the number of ESA participants, and by sending local tax dollars to the ESAs. The opponents sought a preliminary injunction of the program in April 2024, hoping to halt implementation while the lawsuit is pending. EdChoice Legal Advocates stepped in to represent lawmaker and mother Sue Vinton, who sponsored the legislation after being inspired by the success of her now-adult son, Jake, who has Down Syndrome. In July 2024, the trial court denied a preliminary injunction. Several Montana families are using ESAs for the 2024-2025 school year while the lawsuit remains pending in trial court. _(Last updated August 2, 2024)_