Homeschooling a Child with an IEP in Montana
This is general guidance based on Montana law. For your specific IEP, consult a special education advocate.
Having an IEP doesn't mean you can't homeschool in Montana. You absolutely can. Here's what you need to know about services, rights, and the withdrawal process.
What happens to your child's services
Montana homeschools are not classified as private schools, which limits IDEA protections. Your best option is to dually enroll in public school for services or use a program like Harmony that partners with public schools. Montana's special needs ESA is currently paused due to litigation.
Under Montana law, homeschool is not included in nonpublic or private school category, so state has no duty under federal law to provide special education services. HB 396 (2023) now allows part-time public school enrollment, which may provide a path to access IEP services.
Primary source: IDEA — 20 USC 1412(a)(10)(A); 34 CFR 300.130-144
How to access services while homeschooling
Dual enrollment
Can dually enroll for IEP services; some programs (e.g. Harmony) partner with public schools.
How to request: Contact local school district or Harmony program
Child Find
Federal requirement for districts to identify and evaluate children with suspected disabilities.
How to request: Contact local school district
IDEA — 20 USC 1412(a)(3); 34 CFR 300.111
Equitable services
Since not classified as private schools, IDEA proportionate share may not apply to Montana homeschoolers.
Therapy access
- Speech therapy:
- Through dual enrollment or Special Needs ESA (if available)
- Occupational therapy:
- Through dual enrollment or Special Needs ESA
- Behavioral therapy:
- Through Special Needs ESA or private providers
Montana Special Needs ESA provides $5,500-$8,000. IMPORTANT: Program is paused following litigation; current enrollees may continue through June 30, 2026.
Before you withdraw
We recommend these steps for any family withdrawing a child with an IEP:
- 1
Request complete copies of all IEP documents, evaluations, and progress reports before you withdraw.
- 2
Consider requesting an IEP meeting to discuss the transition. This is optional but can provide valuable information.
- 3
File your homeschool notification with the state as required (our wizard will generate this for you).
- 4
Arrange any private therapies or services your child needs before withdrawal takes effect.
If you want to re-enroll
Homeschooling is not a one-way door. Your child can re-enroll in public school at any time.
Re-enrollment processes vary by state and district. Contact your local school to ask what evaluation or documentation they require. Keep copies of all IEP records. They will help the district determine placement and next steps.
Keep copies of all IEP documents, evaluations, and progress reports. You'll need these if you re-enroll.
Who to call
You don't have to navigate this alone. These organizations help families with special education questions.
COPAA
copaa.org · Find a special education attorney near you
Wrightslaw
wrightslaw.com · Special education law encyclopedia
Common questions
Can I homeschool a child with an IEP in Montana?
What happens to my child's IEP when I start homeschooling in Montana?
Related guides
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Start the Montana wizardRequirements sourced from MCA 20-5-109 (Home Schools). Verified against primary legal sources. Last verified: March 2026