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On Thursday, a state district judge in Helena heard arguments on whether a school choice program for students with disabilities violates the Montana Constitution. In 2023, the Montana Legislature passed and Gov. Greg Gianforte signed House Bill 393. The law established education savings accounts for students with special needs. If an eligible student is not enrolled full-time in a public school, their family can apply to the state to get reimbursement for other educational expenses, including private school tuition, tutoring and educational therapies. Going into this school year, the Montana Office of Public Instruction reported more than 70 students in 21 counties were participating in the program. 

The Montana Quality Education Coalition and Disability Rights Montana filed suit over HB 393, arguing that it violated the constitutional guarantee of educational equality for all students.