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:

Terms Used In Montana Code 20-7-1704

  • 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. See Montana Code 20-7-1703
  • Educational program: means a set of educational offerings designed to meet the program area standards contained in the accreditation standards. See Montana Code 20-1-101
  • Eligible postsecondary institution: means an accredited postsecondary institution located in Montana. See Montana Code 20-7-1703
  • 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. See Montana Code 20-7-1703
  • Program: means the Montana special needs equal opportunity education savings account program established in 20-7-1702. See Montana Code 20-7-1703
  • 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. See Montana Code 20-7-1703

  • school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Superintendent of public instruction: means that state government official designated as a member of the executive branch by the Montana constitution. See Montana Code 20-1-101

(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.