Montana Quality Education Coalition et al. (MQEC) v. State of Montana et al. is a case challenging Montana’s voucher program for students with disabilities.

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.

The case was brought by Montana Quality Education Coalition and Disability Rights Montana, represented by Upper Seven Law and Disability Rights Montana. PFPS’s amicus brief was filed in support of the Plaintiffs’ summary judgment motion in the trial court.