• Community Choice Schools
  • Established in 2023 and under supervision of the Board of Public Education.
  • A type of charter program not governed by local school boards.
  • Due to a lawsuit against the State of Montana, no applications for the program may yet be accepted.
• Charter Schools
  • Board of Public Education is the authorizing authority.
  • A local school board is party to the charter, but a separate governing authority is permitted.
  • Students are admitted based on a lottery when there are more applicants than seats.
  • General supervision is the Board of Public Education.
• Out of District Attendance
  • In 2023 a law was enacted that allows students to request enrollment in an out of district school without the requirement to pay tuition.
  • An application must be submitted to the trustees of the non-resident district. The trustees must approve the application unless they fin the approval would negatively impact the quality of education for resident pupils or if approval would exceed capacity limits.
• Tax Credit Scholarships
  • Student Scholarship Organization Tax Credit: available for taxpayers who donate to approved Student Scholarship Organizations who provide scholarships for eligible students to attend instruction by a qualified education provider (an accredited or nonaccredited private education provider). In 2024 approx. $5 million in credits issued so funding is limited for students.
  • Innovative Educational Program Tax Credit: available for taxpayer who donate to Montana public school district for supplemental funding for the innovative educational programs.
  • Amount of each credit for both options is equal to the donation up to $200,000 for each credit and subject to thresholds.
  • Credits must be approved before they can be claimed.
• Education Savings Account
  • Limited to students identified as having a disability under the Individuals with Disabilities Education Act and is between 5-19 years of age.
  • A student must have been counted as part of a MT school district funding in the previous school year.
  • Allowable expenses include qualified school tuition (private school), curriculum materials, tutoring, educational therapies, and more
  • Parent must submit an application for approval of an ESA.
  • Payment is a reimbursement.
  • Students receive up to $8,000 per year.

Here are state requirements on the topic of homeschooling:

• Parents/guardians shall maintain records on attendance and disease immunization and make records available upon request to the county superintendent.
• Religious exemptions are available for immunizations.
• Shall provide the follow number of hours of instruction:
  • 720 hours for Kindergarten-3rd grade.
  • 1,080 hours for grades 4-12.
• Building codes must comply.
• Shall provide organized course of student with basic instruction in the same courses required in public school.
• Shall notify the county superintendent of the student’s school attendance.
• Parents are solely responsible for the evaluation of home school instruction and instruction materials, curriculum and textbooks.

Religious Exemptions:

The state has no formal laws related to religious exemptions accept for vaccines.

The First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Many argue that a religious conviction to provide a home-based education is constitutionally protected and a state religious exemption law is not a requirement to be able to homeschool on religious grounds.

It should be noted that the U.S. Supreme Court in Wisconsin v. Yoder (1972) established that “Under the Free Exercise Clause of the First Amendment, a state law requiring that children attend school past eighth grade violates the parents’ constitutional right to direct the religious upbringing of their children.” (The case involved a challenge of a 16-year-old student to be exempt, so the scope was limited)