If you’ve ever felt caught between wanting more options for your child with learning differences and wondering whether those options would actually serve them well, you’re not alone.
That tension—between the promise of flexibility and the reality of limited resources—is exactly what’s playing out in Montana right now, and the outcome matters for families everywhere.
A Montana district court has temporarily blocked the state’s Education Savings Account program for students with disabilities, though the ruling has since been stayed pending appeal. The program, created by House Bill 393 in 2023, allowed families to redirect their child’s per-pupil funding (roughly $5,000-$8,000 annually) toward private schooling, tutoring, specialized therapies, or other approved educational expenses.
The court’s decision focused on technical grounds: lawmakers didn’t properly set up the funding mechanism required by Montana’s constitution. The judge didn’t rule that the program’s concept was flawed—only that the legislative paperwork wasn’t in order.
Montana's ESA court case isn't really about public vs private schools. It's about whether families get options that work for their kids who learn differently.
This case highlights a fundamental tension in special education. On one side are families who feel public schools don’t adequately serve their children with learning differences, and who want direct control over educational dollars. On the other are advocates who worry that redirecting funds from public schools ultimately hurts all students, including those with disabilities.
What’s often missing from these debates is recognition that the best outcomes for children come from targeted, consistent intervention—regardless of where it happens. Research on neuroplasticity shows that children’s brains respond to quality instruction and practice, whether that instruction comes from a public school, private provider, or well-equipped parent.
I am disappointed that he didn’t rule in favor of all the kids that are utilizing ESAs, and there is a large number of them that this is critical for, said Senator Sue Vinton, who sponsored the original bill.
Laura Lurns · Learning Success expert
More than 60 Montana families are currently using ESA funds, and the program remains operational while appeals proceed. For these families, the uncertainty creates real stress—not because they’ve chosen a political position, but because they’ve found something that works for their child.
If you’re navigating similar decisions about your child’s education, remember that the delivery mechanism matters less than the quality of intervention. Whether through public special education, private educational therapy, or parent-implemented programs, what helps children is consistent, evidence-based practice delivered by someone who understands their specific learning profile.
Key takeaways
- Court blocked program on technical funding grounds, not program concept
- Program remains operational during appeal for 60+ families
- Quality intervention matters more than where funding goes
Montana’s legislature will likely need to address the funding language to satisfy constitutional requirements, and the state plans to appeal to the Montana Supreme Court. Whatever happens, families with children who learn differently will continue needing options that actually work.
The real question isn’t whether education dollars go to public or private providers—it’s whether children are getting intervention that builds skills and confidence. That’s something parents can influence regardless of which way this legal battle goes.
The legislature failed in the first instance to correctly appropriate funding for HB 393, and that is unconstitutional enough to stop it in its tracks, said Rylee Sommers-Flanagan, attorney for the plaintiff groups.
Laura Lurns · Learning Success expert
Every child with learning differences deserves access to intervention that actually works. The limiting belief that only certain delivery systems can help—whether public or private—keeps families stuck in debates instead of focused on their children’s growth. If you want to understand your child’s unique learning profile and create a personalized plan that builds real skills, Learning Success offers a free trial of our All Access Program. You’ll receive a comprehensive assessment and a 12-week Action Plan tailored to your child within 48 hours. Even if you decide the program isn’t for you, the Action Plan is yours to keep.
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