Families of children with special needs who signed up for Montana’s just-launched education savings accounts are celebrating.
A judge blocked an attempt to halt the program while courts hear a lawsuit challenging the program, which opened to families July 1. The ruling from Judge Mike Menahan of the Montana First Judicial District means participating families may continue submitting claims to the state for covered educational costs.
“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, which intervened in the lawsuit to protect the program. “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.”
Menahan’s ruling also drew praise from Montana ed choice advocates.
“We’re thrilled by the decision not to block this law as the case moves forward,” said Kendall Cotton, president and CEO of the Frontier Institute, a think tank that supports education choice. “Families deserve access to the best educational options for their children, and the decision ensures this program will continue to be an option for these families.
Cotton said he sees the ruling as “a great sign that eventually the law will be upheld in court.”
Passed last year, the program allows parents of qualified students to direct between $5,390 and $8,419 each year toward their child’s private school tuition, transportation and entrance exams as well as other items and services approved by the state Office of Public Instruction.
An advocacy group founded by public school superintendents joined with an advocacy group for students with disabilities to sue the state over the program.
Among other claims, the lawsuit argues the program runs afoul of the Treasure State’s Blaine amendment, which bans “appropriations for religious, charitable, industrial, educational, or benevolent purposes to any private individual, private association, or private corporation not under the control of the state.”
The plaintiffs asked the judge to block the program while the case is being heard. Judge Menahan said the plaintiffs could not show that allowing the program to continue would cause “irreparable harm.”
