Montana Judge Blocks Education Savings Program for Students with Special Needs for Lack of Funding

A district court judge has blocked Montana’s education savings account program for students with disabilities, ruling in favor of two Montana nonprofits that claimed that lawmakers did not fund the program when they created it.

House Bill 393, the Students with Special Needs Equal Opportunity Act passed by lawmakers in 2023, created Montana’s first education savings account (ESA) program. It allows parents of students with disabilities to redirect their child’s per-pupil school funding that normally goes to a public school district into an account administered by the Office of Public Instruction, the state agency that oversees K-12 schools.

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