Montana court upholds special needs education savings accounts program

In a recent legal development in Helena, Judge Mike Menahan of the Montana First Judicial District, Lewis and Clark County, ruled to uphold the Montana Special Needs Equal Opportunity Education Savings Account (ESA) Program. This decision comes after a case questioned the constitutionality of the program. The ESA Program, instituted on July 1, 2024, will allow families of students with special needs to apply for educational funding through the Montana Office of Public Instruction.

"This ruling is a victory for all Montanans, but especially for students with special needs whose families can use ESAs to pay for education services that best meet their needs," said Thomas M. Fisher, vice president and director of litigation at EdChoice Legal Advocates (EdLA), a division of EdChoice, Inc. "All students, regardless of their abilities, deserve access to a quality education, and this program will ensure families throughout the state have the freedom and funding necessary to provide an education that meets the unique needs of their children."

Fisher and attorney Dale Schowengerdt represented Sue Vinton, a Montana House of Representatives member who introduced the ESA legislation in 2023. "This is a great win for education freedom in Montana, particularly for students with special needs," stated Vinton. "Every child with special needs is different, and the ESA program provides parents with critical resources to purchase the education and services best suited for their children."

The program allows families such as the Grilleys, whose two sons have special needs unmet by their local public school, to finance alternative educational programs. The Grilleys intend to utilize the ESA Program for a hybrid homeschool and occupational therapy services.

The ruling also serves as a hallmark victory for EdLA. "EdChoice has long been a national leader advocating for education freedom," Fisher noted. "With EdLA, it now has a team of skilled litigators ready to defend education freedom in court—and to win."

The court denied a motion for a preliminary injunction, leaving the case partially unresolved. However, the decision currently permits Montana families eligible for the program to use their ESAs for covering special education costs.

For further information, Thomas Fisher or Sue Vinton can be contacted via Ann Marie Miller at the provided email address.

Case documents include the Order Denying Preliminary Injunction, Intervenor-Defendant's Response in Opposition to Plaintiff's Motion for Preliminary Injunction, and Clifton Grilley Declaration. EdChoice, the nonprofit behind EdLA, was established to support school choice initiatives across states.