HELENA — A state judge has ruled the Montana law that created education savings accounts for students with special needs is unconstitutional.

The Republican backed House Bill 393, sponsored by now-Sen. Sue Vinton, R- Billings, was passed by the 2023 Montana Legislature.

The law allowed parents of students with special needs to create an education savings account by diverting the school’s funding for the student into an account controlled by the Office of Public Instruction.

That funding could then be used for private schooling, tutoring, therapy and other education-related expenses.

A lawsuit filed by the Montana Quality Education Coalition and Disability Rights Montana claimed that the law required families to waive educational rights in exchange for funding that would not cover basic

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