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MONTANA: Special Needs Equal Opportunity Education Savings Account Program

ESA comparison by Policy Hits: 92
  • Fund Administrator:
    • Synopsis:

      Superinendent of Public Instruction

      , Statute Language:

      Montana Special Needs Equal Opportunity Education Savings Account -- Funding And Administration 
      20-7-1709. Montana special needs equal opportunity education savings account -- funding and administration. (1) Following receipt of a signed contract pursuant to 20-7-1705, the superintendent of public instruction shall notify the resident school district of the qualifying student's participation in the program and the amount calculated by dividing the student's ESA student amount by 10. 
      (2) Beginning with the next distribution of BASE aid payments pursuant to 20-9-344 for the months of August through May, the resident school district shall remit to the office of public instruction the amount calculated in subsection (1) for each participating student by no later than the 10th of the month following the BASE aid distribution. 
      (3) The money remitted under subsection (2): 
       (a) must be from the district's general fund; 
       (b) may not include revenue from the guarantee account described in 20-9-622; and 
       (c) must be accounted for under rules adopted by the superintendent of public instruction. 
      (4) The superintendent of public instruction shall account for the money remitted under subsection (2) as follows: 
       (a) 95% of the money must be deposited in accounts within the special needs equal opportunity education savings trust established in 20-7-1710 to be used only for reimbursing parents for the purchase of allowable educational resources pursuant to 20-7-1704; and 
       (b) 5% of the money must be deposited in the office of public instruction special needs equal opportunity ESA administration account established in subsection (7). 
      (5) The office of public instruction shall ensure that the participating student is included in the resident school district's ANB calculation pursuant to 20-9-311 in any year that the student remains otherwise eligible for inclusion and participates in the program. No other school district may count the student for ANB purposes. The participating student is not considered to be enrolled in the resident school district. 
      (6) The office of public instruction shall administer the individual student accounts pursuant to subsection (4)(a) so that: 
       (a) reimbursements are made promptly to parents for the purchase of allowable educational resources for a participating student pursuant to 20-7-1704; and 
       (b) on a student's 24th birthday, the student's account is closed and any remaining funds in the student's account are returned to the guarantee account described in 20-9-622. 
      (7) . 
       (a) There is an office of public instruction special needs equal opportunity ESA administration account within the state special revenue fund created in 17-2-102 consisting of 5% of the money remitted to the office of public instruction pursuant to subsection (2). 
       (b) Funds in the office of public instruction special needs equal opportunity ESA administration account are statutorily appropriated, as provided in 17-7-502, to the office of public instruction and must be used for the costs of administering the program. 
  • Funding Mechanism:
    • Synopsis:

      Formula

      , Statute Language:

      ESA student amount" means the sum of: 

      (a) the data-for-achievement payment rate under 20-9-306; 

      (b) the Indian education for all payment rate under 20-9-306; 

      (c) the per-ANB amounts of the instructional block grant and related services block grant under 20-9-321; and 

      (d) the applicable per-ANB maximum rate established in 20-9-306 for the student multiplied by the ratio of adopted general fund budget to maximum general fund budget in the prior year, rounded to the nearest one hundredth and not to exceed 1.00, in the district in which the student is included for ANB purposes under the program. 
  • Program Administrator (Gov't):
    • Synopsis:

      Superinendent of Public Instruction

      , Statute Language:

      Montana Special Needs Equal Opportunity Education Savings Account -- Funding And Administration 
      20-7-1709. Montana special needs equal opportunity education savings account -- funding and administration. (1) Following receipt of a signed contract pursuant to 20-7-1705, the superintendent of public instruction shall notify the resident school district of the qualifying student's participation in the program and the amount calculated by dividing the student's ESA student amount by 10. 
      (2) Beginning with the next distribution of BASE aid payments pursuant to 20-9-344 for the months of August through May, the resident school district shall remit to the office of public instruction the amount calculated in subsection (1) for each participating student by no later than the 10th of the month following the BASE aid distribution. 
      (3) The money remitted under subsection (2): 
       (a) must be from the district's general fund; 
       (b) may not include revenue from the guarantee account described in 20-9-622; and 
       (c) must be accounted for under rules adopted by the superintendent of public instruction. 
      (4) The superintendent of public instruction shall account for the money remitted under subsection (2) as follows: 
       (a) 95% of the money must be deposited in accounts within the special needs equal opportunity education savings trust established in 20-7-1710 to be used only for reimbursing parents for the purchase of allowable educational resources pursuant to 20-7-1704; and 
       (b) 5% of the money must be deposited in the office of public instruction special needs equal opportunity ESA administration account established in subsection (7). 
      (5) The office of public instruction shall ensure that the participating student is included in the resident school district's ANB calculation pursuant to 20-9-311 in any year that the student remains otherwise eligible for inclusion and participates in the program. No other school district may count the student for ANB purposes. The participating student is not considered to be enrolled in the resident school district. 
      (6) The office of public instruction shall administer the individual student accounts pursuant to subsection (4)(a) so that: 
       (a) reimbursements are made promptly to parents for the purchase of allowable educational resources for a participating student pursuant to 20-7-1704; and 
       (b) on a student's 24th birthday, the student's account is closed and any remaining funds in the student's account are returned to the guarantee account described in 20-9-622. 
      (7) . 
       (a) There is an office of public instruction special needs equal opportunity ESA administration account within the state special revenue fund created in 17-2-102 consisting of 5% of the money remitted to the office of public instruction pursuant to subsection (2). 
       (b) Funds in the office of public instruction special needs equal opportunity ESA administration account are statutorily appropriated, as provided in 17-7-502, to the office of public instruction and must be used for the costs of administering the program. 
  • Third Party Administrator:
    • Synopsis:

      None

      , Statute Language:

      No language
  • Role of DOE:
    • Synopsis:

      Program Administrator

      , Statute Language:

      No language
  • Application Window/Dates:
    • Synopsis:

      At least biannually (b/w Sept 1-Jan 1 & Mar 1-Jun 1)

      , Statute Language:

      20-7-1706. Responsibilities of superintendent of public instruction -- rulemaking. (1) The superintendent of public instruction shall make information about the program accessible through printed informational materials and the office of public instruction website to parents, students, and school districts. 
      (2) The superintendent of public instruction shall ensure that parents of qualified students receive notice that participation in the program is a parental placement under the Individuals With Disabilities Education Act, 20 U.S.C. 1412, along with an explanation of the rights that parentally placed students possess under the Individuals With Disabilities Education Act and any applicable state laws and regulations. 
      (3) The superintendent of public instruction may remove a qualified student from eligibility for an account if the parent fails to comply with the terms of the contract signed pursuant to 20-7-1705, knowingly misuses account funds, or knowingly fails to comply with the terms of the contract with intent to defraud. If a qualified student is removed from eligibility, the superintendent of public instruction shall suspend the qualified student from the program and shall notify the parent in writing that the qualified student has been suspended and that no further reimbursements from the account will be allowed. The notification must specify the reason for the suspension and state that the parent has 10 business days to respond and take corrective action. If the parent refuses or fails within the 10-day period to contact the superintendent of public instruction or provide information or make a report that is required for reinstatement, the superintendent of public instruction may remove the qualified student from the program pursuant to this subsection. A parent may appeal the superintendent of public instruction's decision pursuant to Title 2, chapter 4, part 6. 
      (4) The superintendent of public instruction may refer cases of substantial misuse of account funds to the attorney general for investigation if the superintendent of public instruction obtains evidence of fraudulent use of an account. 
      (5) The superintendent of public instruction shall establish rules necessary for administering the program that are limited to the following: 
       (a) establishment of no fewer than two time periods each year during which a student's parent may notify the superintendent of public instruction of the parent's desire for the student to participate in the program. Each time period must be at least 1 month long. One period must be between September 1 and January 1, and the other time period must be between March 1 and June 1, based on the superintendent of public instruction's determination of school district and parent needs. 
       (b) verification of student eligibility pursuant to 20-7-1703; 
       (c) creation of a parent contract pursuant to 20-7-1705; 
       (d) notification of the resident school district of the student's participation in the program; 
       (e) calculation of the amount of the ESA student amount; 
       (f) accounting guidance related to the money remitted by school districts under 20-7-1709(2); 
       (g) establishment of participation agreements to create a trust interest in the special needs equal opportunity education savings trust established in 20-7-1710 and provision for participation in the program; and 
       (h) procedures for reimbursement for the purchase of allowable educational resources from a student's account. 
  • Fund Disbursement Frequency:
    • Synopsis:

      Reimbursment; Monthly as requested

      , Statute Language:

      No language
  • Average Per-Pupil Funding:
    • Synopsis:

      $6000 (elementary) $8000 (high school)

      , Statute Language:

      No language
  • Income Limit:
    • Synopsis:

      None

      , Statute Language:

      20-7-1703. Definitions. As used in this part, the following definitions apply: 
      (1) "Eligible postsecondary institution" means an accredited postsecondary institution located in Montana. 
      (2) "ESA student amount" means the sum of: 
       (a) the data-for-achievement payment rate under 20-9-306; 
       (b) the Indian education for all payment rate under 20-9-306; 
       (c) the per-ANB amounts of the instructional block grant and related services block grant under 20-9-321; and 
       (d) the applicable per-ANB maximum rate established in 20-9-306 for the student multiplied by the ratio of adopted general fund budget to maximum general fund budget in the prior year, rounded to the nearest one hundredth and not to exceed 1.00, in the district in which the student is included for ANB purposes under the program. 
      (3) "Montana special needs equal opportunity education savings account" or "account" means an account within the trust established in 20-7-1710 in which a payment under 20-7-1709 is deposited on behalf of a qualified student for the purpose of reimbursement for the purchase of allowable educational resources pursuant to 20-7-1704 for qualified students. 
      (4) "Parent" means a biological parent, adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of a qualified student, and whose parental rights have not been terminated. 
      (5) "Program" means the Montana special needs equal opportunity education savings account program established in 20-7-1702. 
      (6) "Qualified school" means a nonpublic school serving any combination of grades kindergarten through 12 that: 
       (a) is in compliance with applicable local health and safety regulations; 
       (b) holds a valid occupancy permit, if required by the municipality; 
       (c) does not discriminate on the basis of race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds, pursuant to 49-2-307; 
       (d) requires that any employee who may have unsupervised access to children be subject to a criminal history background check prior to employment pursuant to and in support of 42 U.S.C. 5119(a) and (c); and 
       (e) meets the requirements for Montana nonpublic schools under 20-5-109. 
      (7) "Qualified student" means a resident of the state who: 
       (a) in the current school year: 
       (i) is identified as a "child with a disability" under the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.; and 
       (ii) is between the ages of 5 and 19 on September 10; 
       (b) is not currently enrolled in a school operating for the purpose of providing educational services to youth in department of corrections commitment programs or in the Montana school for the deaf and blind; and 
       (c) 
       (i) was counted during the previous school year for purposes of school district ANB funding; 
       (ii) was enrolled during the previous school year in a program listed in subsection (7)(b); 
       (iii) did not reside in the state in the previous school year; or 
       (iv) is eligible to enter a kindergarten program pursuant to 20-7-117. 
      (8) "Resident school district" means the school district in which a student resides. 
  • Prior Year Public School Requirement:
    • Synopsis:

      Conditional

      , Statute Language:

      20-7-1703. Definitions. As used in this part, the following definitions apply: 
      (1) "Eligible postsecondary institution" means an accredited postsecondary institution located in Montana. 
      (2) "ESA student amount" means the sum of: 
       (a) the data-for-achievement payment rate under 20-9-306; 
       (b) the Indian education for all payment rate under 20-9-306; 
       (c) the per-ANB amounts of the instructional block grant and related services block grant under 20-9-321; and 
       (d) the applicable per-ANB maximum rate established in 20-9-306 for the student multiplied by the ratio of adopted general fund budget to maximum general fund budget in the prior year, rounded to the nearest one hundredth and not to exceed 1.00, in the district in which the student is included for ANB purposes under the program. 
      (3) "Montana special needs equal opportunity education savings account" or "account" means an account within the trust established in 20-7-1710 in which a payment under 20-7-1709 is deposited on behalf of a qualified student for the purpose of reimbursement for the purchase of allowable educational resources pursuant to 20-7-1704 for qualified students. 
      (4) "Parent" means a biological parent, adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of a qualified student, and whose parental rights have not been terminated. 
      (5) "Program" means the Montana special needs equal opportunity education savings account program established in 20-7-1702. 
      (6) "Qualified school" means a nonpublic school serving any combination of grades kindergarten through 12 that: 
       (a) is in compliance with applicable local health and safety regulations; 
       (b) holds a valid occupancy permit, if required by the municipality; 
       (c) does not discriminate on the basis of race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds, pursuant to 49-2-307; 
       (d) requires that any employee who may have unsupervised access to children be subject to a criminal history background check prior to employment pursuant to and in support of 42 U.S.C. 5119(a) and (c); and 
       (e) meets the requirements for Montana nonpublic schools under 20-5-109. 
      (7) "Qualified student" means a resident of the state who: 
       (a) in the current school year: 
       (i) is identified as a "child with a disability" under the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.; and 
       (ii) is between the ages of 5 and 19 on September 10; 
       (b) is not currently enrolled in a school operating for the purpose of providing educational services to youth in department of corrections commitment programs or in the Montana school for the deaf and blind; and 
       (c) 
       (i) was counted during the previous school year for purposes of school district ANB funding; 
       (ii) was enrolled during the previous school year in a program listed in subsection (7)(b); 
       (iii) did not reside in the state in the previous school year; or 
       (iv) is eligible to enter a kindergarten program pursuant to 20-7-117. 
      (8) "Resident school district" means the school district in which a student resides. 
  • Geographic Limit:
    • Synopsis:

      Statewide

      , Statute Language:

      20-7-1703. Definitions. As used in this part, the following definitions apply: 
      (1) "Eligible postsecondary institution" means an accredited postsecondary institution located in Montana. 
      (2) "ESA student amount" means the sum of: 
       (a) the data-for-achievement payment rate under 20-9-306; 
       (b) the Indian education for all payment rate under 20-9-306; 
       (c) the per-ANB amounts of the instructional block grant and related services block grant under 20-9-321; and 
       (d) the applicable per-ANB maximum rate established in 20-9-306 for the student multiplied by the ratio of adopted general fund budget to maximum general fund budget in the prior year, rounded to the nearest one hundredth and not to exceed 1.00, in the district in which the student is included for ANB purposes under the program. 
      (3) "Montana special needs equal opportunity education savings account" or "account" means an account within the trust established in 20-7-1710 in which a payment under 20-7-1709 is deposited on behalf of a qualified student for the purpose of reimbursement for the purchase of allowable educational resources pursuant to 20-7-1704 for qualified students. 
      (4) "Parent" means a biological parent, adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of a qualified student, and whose parental rights have not been terminated. 
      (5) "Program" means the Montana special needs equal opportunity education savings account program established in 20-7-1702. 
      (6) "Qualified school" means a nonpublic school serving any combination of grades kindergarten through 12 that: 
       (a) is in compliance with applicable local health and safety regulations; 
       (b) holds a valid occupancy permit, if required by the municipality; 
       (c) does not discriminate on the basis of race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds, pursuant to 49-2-307; 
       (d) requires that any employee who may have unsupervised access to children be subject to a criminal history background check prior to employment pursuant to and in support of 42 U.S.C. 5119(a) and (c); and 
       (e) meets the requirements for Montana nonpublic schools under 20-5-109. 
      (7) "Qualified student" means a resident of the state who: 
       (a) in the current school year: 
       (i) is identified as a "child with a disability" under the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.; and 
       (ii) is between the ages of 5 and 19 on September 10; 
       (b) is not currently enrolled in a school operating for the purpose of providing educational services to youth in department of corrections commitment programs or in the Montana school for the deaf and blind; and 
       (c) 
       (i) was counted during the previous school year for purposes of school district ANB funding; 
       (ii) was enrolled during the previous school year in a program listed in subsection (7)(b); 
       (iii) did not reside in the state in the previous school year; or 
       (iv) is eligible to enter a kindergarten program pursuant to 20-7-117. 
      (8) "Resident school district" means the school district in which a student resides. 
  • Additional Eligibility Check:
    • Synopsis:

      IDEA designated disability

      , Statute Language:

      No language
  • Homeschool Compatible:
    • Synopsis:

      Yes

      , Statute Language:

      No language
  • Enrollment Cap:
    • Synopsis:

      None

      , Statute Language:

      20-7-1703. Definitions. As used in this part, the following definitions apply: 
      (1) "Eligible postsecondary institution" means an accredited postsecondary institution located in Montana. 
      (2) "ESA student amount" means the sum of: 
       (a) the data-for-achievement payment rate under 20-9-306; 
       (b) the Indian education for all payment rate under 20-9-306; 
       (c) the per-ANB amounts of the instructional block grant and related services block grant under 20-9-321; and 
       (d) the applicable per-ANB maximum rate established in 20-9-306 for the student multiplied by the ratio of adopted general fund budget to maximum general fund budget in the prior year, rounded to the nearest one hundredth and not to exceed 1.00, in the district in which the student is included for ANB purposes under the program. 
      (3) "Montana special needs equal opportunity education savings account" or "account" means an account within the trust established in 20-7-1710 in which a payment under 20-7-1709 is deposited on behalf of a qualified student for the purpose of reimbursement for the purchase of allowable educational resources pursuant to 20-7-1704 for qualified students. 
      (4) "Parent" means a biological parent, adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of a qualified student, and whose parental rights have not been terminated. 
      (5) "Program" means the Montana special needs equal opportunity education savings account program established in 20-7-1702. 
      (6) "Qualified school" means a nonpublic school serving any combination of grades kindergarten through 12 that: 
       (a) is in compliance with applicable local health and safety regulations; 
       (b) holds a valid occupancy permit, if required by the municipality; 
       (c) does not discriminate on the basis of race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds, pursuant to 49-2-307; 
       (d) requires that any employee who may have unsupervised access to children be subject to a criminal history background check prior to employment pursuant to and in support of 42 U.S.C. 5119(a) and (c); and 
       (e) meets the requirements for Montana nonpublic schools under 20-5-109. 
      (7) "Qualified student" means a resident of the state who: 
       (a) in the current school year: 
       (i) is identified as a "child with a disability" under the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.; and 
       (ii) is between the ages of 5 and 19 on September 10; 
       (b) is not currently enrolled in a school operating for the purpose of providing educational services to youth in department of corrections commitment programs or in the Montana school for the deaf and blind; and 
       (c) 
       (i) was counted during the previous school year for purposes of school district ANB funding; 
       (ii) was enrolled during the previous school year in a program listed in subsection (7)(b); 
       (iii) did not reside in the state in the previous school year; or 
       (iv) is eligible to enter a kindergarten program pursuant to 20-7-117. 
      (8) "Resident school district" means the school district in which a student resides. 
  • Lottery:
    • Synopsis:

      None

      , Statute Language:

      20-7-1703. Definitions. As used in this part, the following definitions apply: 
      (1) "Eligible postsecondary institution" means an accredited postsecondary institution located in Montana. 
      (2) "ESA student amount" means the sum of: 
       (a) the data-for-achievement payment rate under 20-9-306; 
       (b) the Indian education for all payment rate under 20-9-306; 
       (c) the per-ANB amounts of the instructional block grant and related services block grant under 20-9-321; and 
       (d) the applicable per-ANB maximum rate established in 20-9-306 for the student multiplied by the ratio of adopted general fund budget to maximum general fund budget in the prior year, rounded to the nearest one hundredth and not to exceed 1.00, in the district in which the student is included for ANB purposes under the program. 
      (3) "Montana special needs equal opportunity education savings account" or "account" means an account within the trust established in 20-7-1710 in which a payment under 20-7-1709 is deposited on behalf of a qualified student for the purpose of reimbursement for the purchase of allowable educational resources pursuant to 20-7-1704 for qualified students. 
      (4) "Parent" means a biological parent, adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of a qualified student, and whose parental rights have not been terminated. 
      (5) "Program" means the Montana special needs equal opportunity education savings account program established in 20-7-1702. 
      (6) "Qualified school" means a nonpublic school serving any combination of grades kindergarten through 12 that: 
       (a) is in compliance with applicable local health and safety regulations; 
       (b) holds a valid occupancy permit, if required by the municipality; 
       (c) does not discriminate on the basis of race, creed, religion, sex, marital status, color, age, physical disability, or national origin or because of mental disability, unless based on reasonable grounds, pursuant to 49-2-307; 
       (d) requires that any employee who may have unsupervised access to children be subject to a criminal history background check prior to employment pursuant to and in support of 42 U.S.C. 5119(a) and (c); and 
       (e) meets the requirements for Montana nonpublic schools under 20-5-109. 
      (7) "Qualified student" means a resident of the state who: 
       (a) in the current school year: 
       (i) is identified as a "child with a disability" under the Individuals With Disabilities Education Act, 20 U.S.C. 1400, et seq.; and 
       (ii) is between the ages of 5 and 19 on September 10; 
       (b) is not currently enrolled in a school operating for the purpose of providing educational services to youth in department of corrections commitment programs or in the Montana school for the deaf and blind; and 
       (c) 
       (i) was counted during the previous school year for purposes of school district ANB funding; 
       (ii) was enrolled during the previous school year in a program listed in subsection (7)(b); 
       (iii) did not reside in the state in the previous school year; or 
       (iv) is eligible to enter a kindergarten program pursuant to 20-7-117. 
      (8) "Resident school district" means the school district in which a student resides. 
  • Testing:
    • Synopsis:

      None

      , Statute Language:

      No language
  • Authorized Use of Funds:
    • Synopsis:

      Private School Tuition
      Online Education
      Education Therapies
      Private Tutoring
      Public School Services (Classes and/or Extracurricular)
      Transportation
      Textbooks
      Curricula and Supplementary Materials
      Testing Fees
      College Tuition/Fees
      College Textbooks

      , Statute Language:

      20-7-1704. Use of Montana special needs equal opportunity education savings account -- allowable educational resources. (1) The superintendent of public instruction shall allow money deposited in the Montana special needs equal opportunity education savings account to be used to reimburse parents for the purchase of the following educational resources only for the benefit of the individual for whom the account was created: 
       (a) qualified school tuition, fees, textbooks, software, or other instructional materials or services;
       (b) 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;
       (c) curriculum, including supplemental materials necessary for the curriculum;
       (d) tutoring;
       (e) educational therapies or services, including but not limited to occupational, behavioral, physical, speech-language, and audiology therapies from licensed or certified practitioners or providers, including licensed or certified paraprofessionals or educational aides;
       (f) state or nationally recognized assessment tests, advanced placement exams, entrance examinations at an eligible postsecondary institution, or other assessment instruments;
       (g) services provided by a public school in the state, including individual classes and extracurricular activities;
       (h) eligible postsecondary institution tuition, books, online courses, or other fees;
       (i) no more than $50 annually in consumable education supplies, such as paper, pens, and markers;
       (j) transportation required for another allowable educational service;
       (k) fees paid to a cooperative educational program; and
       (l) any other educational expense approved by the superintendent of public instruction.
      (2) Account funds may not be refunded, rebated, or shared with a parent or participating student in any manner. 
      (3) A parent may pay for educational services or costs not covered by account funds. 
      (4) Nothing in this part may be construed to require that a qualified student must be enrolled, full-time or part-time, in either a private school or nonpublic online school.