Montana - Institute for Justice

Both tax credit and voucher programs are school choice options for Montana. The state constitution contains a Blaine Amendment on which the Montana Supreme Court premised its 1970 decision striking down a special tax for generating funds to pay teachers in private schools, which, unlike school choice programs, constitutes a direct appropriation to private schools. The amendment has received little subsequent attention. The Montana Supreme Court showed an inclination in Montana State Welfare Board v. Lutheran Social Services to recognize a distinction between aiding students and aiding the schools they choose to attend.

Model Legislation: Education Savings Account, Parental Choice Scholarship Program (Universal Eligibility), Parental Choice Scholarship Program (Means-Tested Eligibility), Special Needs Scholarship Program, Foster Child Scholarship Program, Autism Scholarship, Great Schools Tax Credit Program, Family Education Tax Credit Program

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