February 3 update:

The House Education Committee met on Friday, January 31st at 3:00 as scheduled.  The MT legislature website does not list any specific action taken by the committee.  There have not yet been any amendments to the bill. We continue to support the amendments set forth below and are hopeful these positive changes will be made.

Original:

House Bill 320 is a lengthy bill that establishes a privately funded income tax credit education program, called the Montana Academic Prosperity Program for Scholars Act (MAPPS). It is scheduled for hearing on 31 Jan at 3:00 and a fiscal note is not available.

Under the proposal, the MAPPS program is funded via private donations and individual tax credits.  There is a distinction in the bill based upon the parent's earning level as it relates to the poverty line.  

We have reviewed the bill in its entirety and have proposed a couple changes that we believe would best protect home school freedom in the state.

First, add a subsection (d) on page 29 that makes it explicit that a student cannot be termed a home schooler under the law and also be enrolled in the MAPPS program. It is important that a student be clearly identified under the Montana statute. 

We have proposed language for this change which reads: “(d) not have on file a the notification to the county superintendent of schools as required under 20-5-109(1)((e).”

Second, change section 24 on page 29 such that it creates an entirely new section for the MAPPS program, rather than simply adding a subsection (2) to 20-5-109. We think this distinction is significant and a new section would reduce future issues.

The bill creates a separate compulsory exemption category under 20-5-102 MCA and we think it's appropriate that the separate category also be reflected elsewhere in the code, rather than combined with 20-5-109.

We have also proposed language for this change: “NEW SECTION. Section 24. Create a new section in 20-5, MCA, to read:”

We know there are different ways to accomplish the requirements above, and our proposals are one way to do it.

We will continue to monitor this bill closely.