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New Montana law bans non-U.S. homeschool students from competing in MHSA sports

Montana State Capitol
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MISSOULA — Montana Gov. Greg Gianforte signed into law in April a small revision to Senate Bill 350.

The amended bill, sponsored by Sen. Matt Regier (R - Kalispell), effectively bans homeschooled students who are non-United States citizens or not in-state residents from participating in Montana High School Association extracurricular activities. The law does not affect foreign exchange students or students enrolled in MHSA schools.

"Homeschooling offers a flexible educational environment, as the classroom can be located anywhere — within Montana, across the United States, or even internationally. Our goal is to ensure these students compete on an equal playing field with other Montana students," said MHSA executive director Brian Michelotti, who said the MHSA staff worked with Regier on the bill.

"The vast majority, 99%, of homeschoolers in Montana live, eat and sleep in the state," Michelotti continued. "This law helps level the playing field and closes a loophole that allowed non-Montanans and non-U.S. citizens to enter our state temporarily and potentially win championships against our students."

MTN Sports is choosing not to name specific kids affected by the revised bill, but a small number of homeschooled students who have lived inside and outside of Montana have competed for and/or won high school state championships since homeschoolers have been allowed to compete in MHSA events. The original legislation that allowed homeschooled kids to compete in MHSA extracurricular activities was enacted in 2021.

"It wasn't a big, prolific problem that we had," Regier said. "It was a small loophole with a small few that were abusing it. But even for those small few, Montana athletes that didn't get their shot because it was being abused, it's a big deal to them."

The original Montana law removed attendance requirements for homeschool students to take part in a school district's extracurricular activities. Those students still had to meet the same academic requirements and participation standards as students enrolled in the school, and they had to live in the school's attendance area.

"Listen, if you come in from another state or from Canada and you're going to be becoming residents and your kids are here and and you're Montanans, no problem at all with that," Regier said. "But when you're just coming in, spiking the wrestling season and then leave, you're not Montanan and you're not part of this state. And you shouldn't be taking state titles, then, from our kids."

The revised bill, which is in effect for the 2025-26 school year, states that school districts or athletic associations "may prohibit or restrict the participation in extracurricular activities of a student attending a home school based on one or both of the following factors: (i) the student's status as a United States citizen; and (ii) the student's status as a Montana resident."

"There was significant concern in our communities about this issue," Michelotti said. "We sincerely thank Sen. Regier and the 2025 Montana Legislature for enacting this new law, which ensures a fair and level playing field for our Montana students for many years to come. This is a positive change for the MHSA and for all participants across our state."

MTN Sports contacted a parent of an affected student, but they declined to comment on the record for this story.