EdChoice to Court: Special Needs ESA Program Should Move Forward
Press Release: For Immediate Release
June 27, 2024
For more information or to schedule an interview, contact:
Chantal Fennell, EdChoice
chantal@edchoice.org | 989-251-8388
EdChoice to Court: Special Needs ESA Program Should Move Forward
Defendant argues program is constitutional, will help Montana families
HELENA— Today, EdChoice Legal Advocates (EdLA) is arguing before the Montana First Judicial District Court, explaining why the state’s new school choice program for students with special needs should be protected and permitted to launch.
“True to its namesake, the Montana Special Needs Equal Opportunity Education Savings Account (ESA) Program is necessary to ensure students with special needs receive equitable education in the state,” said Thomas M. Fisher, vice president and director of litigation at EdChoice, where EdLA is housed. “All students, regardless of their abilities, deserve access to a quality education, and this program would ensure families throughout the state have the freedom and funding necessary to provide an education that meets the unique needs of their children.”
During the preliminary injunction hearing, Fisher will explain why the new ESA program is constitutional and should be allowed to move forward. He argued opponents trying to stop the program from going into effect are likely to fail in their attempt because:
- The program is necessary to provide equality of educational opportunity to special education students.
- The funding mechanism for the program (statutory appropriation) is constitutional.
- A statewide funding formula does not violate local control.
Fisher’s full response can be read here.
Fisher represents Sue Vinton, a member of the Montana House of Representatives who sponsored the ESA legislation in 2023 in honor of her now adult son, Jake, who has Down syndrome and would have benefitted from the opportunity created by the ESA.
“With the Montana Special Needs ESA, the opportunities for students would increase exponentially,” Vinton explained. “Because of the differences of communities in Montana, as well as the unique abilities and challenges in each child, there are still students with special needs who are not receiving the services they should receive, either because the district doesn’t have the staff or the resources. It’s not intentional; it’s circumstantial. To me, there’s no easy solution, but the ESA is just one opportunity that will help families who have students with special requirements.”
The Grilley family is experiencing just this. Two of their boys, Wesley, 11, and Elliot, 13, are not receiving the services and support outlined in their IEP plans at their local, rural school in northern Montana. Their family has applied to utilize the ESA program to access these specialized services and ensure the boys receive the education they are owed.
“The Montana special needs ESA program affords families choices in their children’s education,” dad Clifton Grilley said. “Programs like ESA should be very welcomed because it takes a burden off administrators and allows them to focus and align their resources better as a compliment to families using ESA funds to provide services to their special needs students.”
The Grilleys are not a party to the case but have provided testimony.
To be connected with Thomas Fisher or Sue Vinton, contact Chantal Fennell at chantal@echoice.org.
Case documents:
– Unopposed Motion to Intervene as a Defendant
– Brief in Support of Unopposed Motion to Intervene as a Defendant
– Declaration of Sue Vinton in Support of Motion to Intervene as a Defendant
– Answer and Affirmative Defenses of Intervenor-Defendant to Complaint
EdChoice is a 501(c)(3) nonprofit, nonpartisan organization. Our mission is to advance educational freedom and choice for all as a pathway to successful lives and a stronger society. We are committed to understanding and pursuing a K–12 education ecosystem that empowers every family to choose the learning environment that fits their children’s needs best. Learn more at edchoice.org.
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