Montana Governor Vetoes ESA for Students with Special Needs

BY Michael Chartier

Published May 12, 2015

Montana Gov. Steve Bullock vetoed HB 322 last week. The bill, which would have created an education savings account (ESA) program for students with special needs, journeyed a path filled with fits and starts.

The ESA bill marched easily through the House of Representatives passing on a third reading vote of 57-41 before being transferred to the Senate on April 18. It easily passed the Education and Cultural Resources Committee, but stalled for final passage in the Senate twice before finally passing on a motion to reconsider. The bill did finally pass with bipartisan support, however.

Bullock’s reasoning for vetoing the bill included his issue with how the bill defined “special needs,” despite those definitions being generally-accepted by entities, such as The United States Department of Education and every state-level department of education. He also cited his objection to the program using money public schools would have received had participating ESA students not chosen to disenroll. In his words, he believed that providing ESAs for students with special needs is “simply not good policy.”

STUDENT FUNDING

The Montana Office of Public Instruction (OPI) would have administered this ESA program. When a parent decides to remove his or her child from the public school system, the parent would sign a contract with the OPI to specify the areas of study that the parent will provide to the student. From there, the OPI would determine the level of student funding, which would be roughly 90 percent of the district per-pupil amount or the average of the statewide per-pupil amount. Then, 95 percent of those funds would be deposited into an education savings account, with 5 percent given to the OPI to administer the program.

STUDENT ELIGIBILITY

All Montana students between the ages of five and 19 years old who were previously enrolled in the public school system and are identified as children with disabilities under the Individuals with Disabilities Education Act, or are qualified under section 504 of the Rehabilitation Act of 1973, would have been eligible. Additionally, foster children, children of active duty military members, and children of a military member killed in the line of duty also would have been eligible.

ALLOWABLE EXPENSES

payment for tuition, fees, textbooks, software, or other instructional materials or services to a qualified school
payment for an educational program or course using electronic or offsite delivery methods, including but not limited to tutoring, distance learning programs, online programs, and technology-delivered learning programs
payment for purchase of curriculum, including supplemental materials required by the curriculum
tutoring
educational therapies or services from a licensed or certified practitioner or provider, including
licensed or certified paraprofessionals or educational aides
fees for state or nationally recognized assessment tests, advanced placement exams, entrance

examinations at an eligible postsecondary institution, or other assessment instruments

services provided by a public school in Montana, including individual classes and extracurricular activities
payment to an eligible postsecondary institution for tuition, books, online courses, or other fees
no more than $50 annually in consumable education supplies, such as paper, pens, and markers
fees paid to a fee-for-service transportation provider for transportation required for another allowable educational service
fees paid to an education cooperative