PFPS and Allies Urge Montana Court to Strike Down Harmful Voucher Law

Public Funds Public Schools (PFPS) and allies in the fight against harmful and unaccountable private school vouchers recently filed an amicus curiae (friend of the court) brief in Montana Quality Education Coalition et al. (MQEC) v. State of Montana et al., a case challenging Montana’s voucher program for students with disabilities. The case was brought by Montana Quality Education Coalition and Disability Rights Montana, represented by Upper Seven Law and Disability Rights Montana. The amicus brief was filed in support of Plaintiffs’ summary judgment motion in the trial court.

In 2023, the Montana Legislature established a statewide Education Savings Account (ESA) voucher program allowing families of students with disabilities to use public funds deposited into personal bank accounts for private educational expenses. The voucher program exempts participating nonpublic schools from any oversight that would ensure crucial legal protections and the availability of educational resources for students with disabilities, including the federal Individuals with Disabilities Education Act (IDEA) and Montana state laws.

The amicus brief explains the negative impacts of vouchers on public school funding and the ways in which Montana’s voucher program threatens the state’s constitutional duty to provide public education to all students. The brief also describes the devastating effects vouchers would have on vulnerable student populations in Montana, including rural and American Indian students who face unique challenges in educational access, from high transportation costs to a lack of necessary programs and services. Montana’s school districts already struggle to adequately support these students, and vouchers would only exacerbate these challenges.

Finally, the amicus brief argues that other state courts have struck down similar laws that violate state constitutions and asks the Montana trial court to grant Plaintiffs’ summary judgment motion.

“Voucher programs hurt public schools and the students they serve, while taxpayers foot the bill,” said Katrina Reichert, Education Law Center Legal Fellow. “What’s more, Montana’s voucher scheme puts vital constitutional protections for students with disabilities and rural and American Indian students at risk. This is the moment to stand up against the diversion of public funds to private schools on behalf of all students across Montana.”

PFPS is joined by the Council of Parent Attorneys and Advocates and Montana Federation of Public Employees in the amicus curiae brief. The organizations are represented pro bono by Attorney Michael Black of Missoula, Montana.