Montana judge rules against state in School Choice lawsuit

By Bobby Caina Calvan, Associated Press
April 1, 2016
KSL.com

A Montana judge ruled that the state cannot exclude children attending religious schools from being awarded scholarships under Montana’s School Choice program.

In his ruling released late Thursday, District Judge David Ortley said the state Department of Revenue likely overstepped its authority in excluding religious schools as a “qualified education provider.”

Ortley said the state Legislature did not explicitly bar such schools from the program when it passed Senate Bill 410 last year. The law, which went into effect in January, established tax credits of up to $150 for donations to private scholarship funds.

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