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Ensure Equal Opportunities of Montanans with
Disabilities by Improving Reservation and Rural
Education Services

Aug 21, 2025

HUGE WIN!!!!! Montana’s high schools transformed forever!

2025-08-21T13:09:29-06:00August 21st, 2025|

Illustration of students approaching a high schoolPDF of press release

As a result of a lawsuit brought by Disability Rights Montana and its co-counsel on behalf of two Montana students with disabilities, the State of Montana has agreed to a major change in how Montana schools provide special education to students with disabilities, in compliance with federal law, which will now allow eligible students to continue to receive services until age 22. The Judgment filed in the United States District
Court for the District of Montana enforces the rights of eligible students with disabilities under the Individuals with Disabilities Education Act (IDEA), a federal law.

IDEA entitles qualified students with disabilities who need modification of what and how they are taught to a “free appropriate public education (FAPE)” in the “Least Restrictive Environment.” This is accomplished through a detailed planning and implementation process documented in the student’s “Individualized Education Program,” commonly  called an “IEP.”

All other states already provide education to students with disabilities beyond age 18 and some provide services up to age 26, if the student has not already earned a “regular high school diploma.” A “regular high school diploma” means a diploma that is fully aligned with state standards for high school graduation and is the diploma that most students earn upon completion of high school. For decades, Montana operated under an exception, cutting off special education services at age 18 for most students. Under an agreed judgment settling the lawsuit, the State of
Montana has agreed to end this practice and allow eligible students to continue in school until they either earn a “regular high school diploma” or turn 22 years old.

“Today is a celebratory day for young adults with disabilities, who seek to thrive in their high school education. Thank you for giving me more time to blossom into the remarkable person I am meant to be.” Said one of the students in the case.

“This is a huge win for Montana students,” said David Carlson, Executive Director of Disability Rights Montana. “Students with disabilities were being exited from school before earning a high school diploma and before they were ready to transition to post-secondary employment, education, and independent living. Now students who need it will have the additional time that federal law allows to prepare for success as adults.”

“This change puts students back in control of their future,” said Tal Goldin, Director of Advocacy and lead attorney for the Plaintiffs in this case.
“We are honored to represent the students who brought this important case and took a brave stand not just for themselves, but for hundreds of others. We are also grateful for the generous efforts of our national co-counsel, Gerald Hartman of The Barbara McDowell Social Justice Center, Jason H. Kim of Schneider Wallace Cottrell Konecky LLP, and James D. Jenkins, who worked tirelessly to achieve this systemic change for Montana’s students with disabilities.”

What This Means:

• Current high school students with disabilities who may need additional time in high school beyond the traditional four years should contact their IEP case manager to arrange an IEP meeting, review their current IEP, and make appropriate adjustments to plan for the additional time now allowed under the Court’s judgment. This is most urgent for students who will be seniors in the 2025-26 school year starting soon, who should request an IEP as soon as possible. “[A] parent can request an additional IEP Team meeting at any time.” 71 Fed. Reg. 46540, 46676 (Aug. 14, 2006).
• Students with disabilities who were exited from high school during the 2024–2025 school year—either for aging out before age 22 or receiving a modified diploma—must be invited back to school to continue until age 22 if they so choose.
• The Montana Office of Public Instruction (OPI) has already issued binding statewide guidance document to schools about how to comply with the Court’s order.
• Two weeks after OPI issues the guidance document, school districts must send notices to students improperly exited from services during the 2024–25 school year informing them of their rights under the Court’s order and providing a form allowing the student to re-enroll.
• Critically, students with disabilities who were improperly exited last school year (2024-25) only have 30 days after receiving the notice from their school to complete and return the re-enrollment paperwork. The reenrollment form is included at the bottom of the Binding Guidance Document.
• Going forward, OPI must also offer ongoing information, training and technical assistance to parents and schools regarding the requirements under the Court’s order; ensure students and families eligible for the additional services receive them; and monitor compliance with Court’s order on an ongoing basis.

Next Steps
DRMT urges families of students with disabilities who exited high school early during the 2024–2025 school year to proactively contact their schools and get the process for reenrollment started as soon as possible. “Once students receive a notice in the mail, they will only have 30 days to reenroll in school,” explained Michelle Weltman, DRMT attorney for the Plaintiffs. “Students eligible for this additional time will also want to ask for an IEP meeting. Being proactive and going to the school is likely the most effective route to ensure no deadlines are missed and the student’s team is prepared to offer appropriate services without delay.”

For help understanding your rights or the re-enrollment process, contact Disability Rights Montana at 406-449-2344 or visit disabilityrightsmt.org. Students and their guardians may also contact the OPI’s Early Assistance Program at 406-444-5664 with any concerns about the Court’s order.

 

LINK to DRMT’s webpage about this lawsuit

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Jun 12, 2025

NDRN Welcomes U.S. Supreme Court Decision Protecting Rights of Students with Disabilities

2025-06-13T09:55:47-06:00June 12th, 2025|

NDRN Welcomes U.S. Supreme Court Decision Protecting Rights of Students with Disabilities

FOR IMMEDIATE RELEASE

Contact: David Card, david.card@ndrn.org

Today, a unanimous U.S. Supreme Court in A.J.T. v. Osseo Public Schools (MN), rejected a more stringent standard for students asserting certain rights under federal disability rights laws.

The Court agreed with the student in the case who argued it was unfair that she and other public school students with disabilities be required to meet a higher level of proof when pursuing certain claims under the Americans with Disabilities Act (ADA).  In its ruling, the Court emphasized that nothing in the Individuals with Disabilities Education Act (IDEA), which protects students with disabilities, “ ‘shall be construed to restrict or limit the rights, procedures, and remedies available under’ the ADA, Rehabilitation Act, or other federal laws protecting disabled children’s rights.”

NDRN joined with other disability advocacy groups to support student A.J.T. in an amicus brief arguing that the lower, deliberate indifference standard should apply.

“We applaud this monumental decision that affirms the ADA and Section 504 rights of students and sets a clear and widely recognized standard for pursuing these claims,” said Marlene Sallo, executive director of NDRN. “The Court rightly decided that families should not have to clear a nearly impossible legal hurdle to hold schools accountable for failing to meet their obligations under federal disability law.”

# # #

The National Disability Rights Network (NDRN) is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and the Client Assistance Programs (CAP) for individuals with disabilities. Collectively, the Network is the largest provider of legally based advocacy services to people with disabilities in the United States.

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Feb 27, 2025

Class Action Filed in Federal Court, Asking Did Not Work

2025-02-27T21:19:53-07:00February 27th, 2025|

This afternoon, Disability Rights Montana and our national co-counsel team filed a case in federal court against the governor and superintendent of public instruction.

The case is brought on behalf of two named plaintiffs, a class of students (“class” as in class action not school room), and Disability Rights Montana as an association. The case asks the federal court to require schools continue to educate all IDEA eligible students with disabilities who will not graduate at 18 with a regular diploma through the age of 21.

Montana is the last state in the nation that still kicks disabled students out at the end of the school year in which they turn 18. Disability Rights Montana has advocated with policy makers for at least 10 years to change this. Asking the executive and legislative branches of government hasn’t worked, so here we are today asking the judicial branch to get our students the educational services to which they are entitled.

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Feb 21, 2025

LIVE Press Conference – A.G. Knudsen Underestimates the Disability Community

2025-02-28T09:48:03-07:00February 21st, 2025|

A.G. KNUDSEN MOVES TO ABOLISH SECTION 504, SEND DISABLED MONTANAN’S RIGHTS BACK OVER 50 YEARS
INACCURATE MESSAGES SENT FROM A.G. OFFICE, DISABILITY COMMUNITY WILL SPEAK TRUTH TO POWER

FOR IMMEDIATE RELEASE

Contact: Blake de Pastino, Director of Communications, Summit Independent Living, 406-728-1630, x113, BDePastino@summitilc.org

Helena, MT – Leaders from Montana’s disability community will hold a joint press conference regarding the callous actions of Attorney General Austin Knudsen to roll back the civil rights of more than a quarter of Montana residents by his participation in a national lawsuit to abolish Section 504. All press and policy makers are invited to attend.

Where: Disability Rights Montana, 1022 Chestnut Street, Helena, MT 59601
When: Monday, February 24, 2025, 1:00pm

“Section 504 is what gives us a seat at the table, helps us to learn, receive healthcare, and ultimately give back to our communities,” says Opal Besaw, a disabled advocate and author based in Kalispell. “Without Section 504, I would not have received an education.”

Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance. Speakers from across Montana advocating for A.G. Knudsen’s withdrawal from this litigation will include:

  • Montana Centers for Independent Living Leadership;
  • The National Federation of the Blind of Montana;
  • Members of the disability community; and
  • Community Service providers.

Scott Birkenbuel, CEO of Ability Montana and a wheelchair user is exasperated at the stance A.G. Knudsen has taken. “Knudsen’s choice to be part of a lawsuit aimed at eliminating protections of Montanans with disabilities shows an unimaginable level of ignorance for thousands of disabled people who call Montana their home.”

In the fall of 2024, Knudsen joined 16 other state attorneys general in a federal lawsuit, Texas v. Becerra. The lawsuit is requesting the court “declare Section 504, 29 U.S.C. § 794, unconstitutional” and “issue permanent injunctive relief against Defendants enjoining them from enforcing Section 504.”

“Section 504 is a landmark civil rights law that has protected disabled Americans from discrimination for more than 50 years,” states Molly Kimmel, Director of the Rural Institute for Inclusive Communities at the University of Montana. “At K-12 public schools, at four-year colleges, and at career and technical schools, thousands of Montana students with disabilities receive an education through essential disability-related accommodations that exist because of Section 504. This in turn supports our communities and the future careers of our students.”

Jacob Krissovich, Advocacy and Public Policy Chair of the National Federation of the Blind of Montana expresses grave concerns about the aftermath of such a drastic change. “As both a policy professional and a person who is blind, I am shook by this lawsuit. If successful, it will strip fundamental rights from thousands of Montana children and adults in areas of, healthcare, employment, transportation, and community living.”

“Knudsen’s lawsuit carries an alarming message that the government of Montana does not value people with disabilities. The disability community fought hard to get Section 504 and its original implementing regulations passed in the 1970s. I am disappointed by A.G. Knudsen’s cavalier lawsuit which aims at dismissing the welfare and well being of an entire segment of valued Montanans who significantly contribute to the ongoing success of our daily lives” explained Carlos Ramalho, Executive Director of LIFTT and attorney with hearing and vision disabilities. “Montana’s disability community cannot sit by idly and let one man’s misguided campaign tear down decades of progress.”

“Our community’s resistance is already having an effect,” said David Carlson, Executive Director of Disability Rights Montana and attorney with dyslexia. “Montanans have already sent messages to A.G. Knudsen stating their concerns. Responses from his office desperately try to obscure his attack on disabled people as an attack on transgender people. Yesterday, he and his co-counsel filed a document in federal court trying to claim they were only trying to get Section 504 found unconstitutional ‘as applied,’ not ‘on its a face,’ which to me is a distinction without a difference. Especially, when they turn right around and make it clear they are against 504’s efforts to require people with disabilities be integrated in our communities.”

“This lawsuit is about ending Section 504,” States Tami Hoar, Executive Director of Summit Independent Living. “Any other reason given by A.G. Knudsen’s office is either a red herring or a copy/paste response from someone who has not actually read the filed complaint. Attacks to oppress the disability community are not new to us. Our history shows our ability to mobilize, persevere, and prevail. Reverse is not an available gear.”

The press conference will be live streamed. Link will be available at disabilityrightsmt.org day of event. Following the conclusion of the last speaker, interviews will be available one on one with each speaker and other disability advocates. American Sign Language interpretation will be provided. Please contact Kona Franks-Ongoy to request other accommodations, kona@dr-mt.org, 406-449-2344.

Montana Centers for Independent Living are consumer-driven, non-residential, private 501(c)(3) non-profit organizations providing peer-delivered services to give people with all types of disabilities the tools and resources needed to improve independence, self-confidence, knowledge, skills and access to community resources.

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Court Documents

Disability Perspective

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Jan 14, 2025

Making your Own Choices

2025-01-24T16:27:16-07:00January 14th, 2025|

What:
This community conversation will help People with Disabilities; their families and allies; lawyers, judges, and policy makers; and service providers better understand the myriad decisions each of us make every day, how those decisions are limited by guardianships, and why modern, less-restrictive alternatives offer more responsive, flexible, and person-centered ways to support People with Disabilities who—like everyone else—sometimes need help making important decisions.

When: January 21, 2025 @ 7:00 pm

Where: Disability Rights Montana, 1022 Chestnut St., Helena, MT 59601.  Live stream available.  Call 406-449-2344 or email info@DisabilityRightsMT.org for accommodations.

Who: People with Disabilities; their families and allies; lawyers, judges, policy makers; service providers; and other community members. All are invited.

More About This Session:

Over 50 years ago, Congress enacted the first nationwide protections against disability discrimination, recognizing that People with Disabilities have the right to enjoy self-determination and make their own choices.[i] The right to self-determination and to make one’s own choices is enshrined in the Montana Constitution[ii]  and recognized by International Law. [iii]

Yet, “For more than a century laws have been in place to segregate and isolate people with disabilities . . . enforce[ing] a ‘charity’ model of disability services, removing individual rights and treating adults with disabilities like children to be protected by others . . . .”[iv]  One of the most significant ways this paternalistic  and harmful approach is legally operationalized is through the inappropriate imposition of guardianships, which remove the most essential rights of a Person with a Disability and place them in the hands of a substitute decisionmaker, or “guardian.”

A person under guardianship typically has fewer rights than the typical convicted felon—they can no longer receive money or pay their bills. They cannot marry or divorce. By appointing a guardian, the court entrusts to someone else the power to choose where they will live, what medical treatment they will get and, in rare cases, when they will die. It is, in one short sentence, the most punitive civil penalty that can be levied against an American citizen, with the exception, of course, of the death penalty.[v]

The “school-to-guardianship pipeline” is the phenomenon where parents and guardians of students who receive special education services are encouraged to place their students under guardianship when the student turns 18, often leading to lifelong deprivations of the individuals most basic rights and freedoms.[vi]

We’ll discuss what Montana families, policy makers, and service providers can do to stop the school-to-guardianship pipeline, protect the most fundamental rights of People with Disabilities, and better protect the inherent right of dignity and self-determination that is a hallmark of a free and democratic society.

[i] 29 U.S.C. § 701 (a)(3) (Findings and purposes of the Rehabilitation Act of 1973, which includes that law commonly called “Section 504”); see also 42 U.S.C. §§ 12101(b)(1), et. seq. (The Americans with Disabilities Act, which created “a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”).

[ii] Mont. Const., Art. II, Sec. 4. (“The dignity of the human being is inviolable.”); see also Baxter v. State, 2009 MT 449, ¶ 64, 354 Mont. 234, 224 P.3d 1211 (Nelson, J., specially concurring) (“[I]ndividual dignity is, in all likelihood, the most important–and yet, in our times, the most fragile– of all human rights protected by Montana’s Constitution.”); and  Armstrong v. State, 1999 MT 261, ¶ 30, 296 Mont. 361, 371-72, 989 P.2d 364, 372-73 (Each individual “has the capacity for and the right of rational self-determination which must be promoted and protected by civil society and political institutions.”) (citing Larry M. Elison and Dennis Nettik Simmons, Right of Privacy, 48 Mont. L. Rev. 1, 17-19 (1987); Jeffrey S. Koehlinger, Substantive Due Process Analysis and the Lockean Liberal Tradition: Rethinking the Modern Privacy Cases, 65 Ind. L.J. 723 (1990)) (explaining John Locke’s conception of “liberty” enshrined in the U.S. Constitution).

[iii] Convention on the Rights of Persons with Disabilities, Art. 3(a), 2515 U.N.T.S. No. 44910 (entered into force May, 2008) (signed, 2009, by the U.S., but not ratified) (Recognizing as a general principle “respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons [including People with Disabilities].”).

[iv] The Americans with Disabilities Act at 25 at 11–12 [hereinafter NDRN Report] (Nat’l Disability Rights Network 2015) (emphasis added), available at https://www.ndrn.org/images/Documents/Resources/Publications/Reports/ADA_at_25_Final.pdf.

[v] Abuses in Guardianship of the Elderly and Infirm: A National Disgrace. A Briefing by the Chairman of the Subcommittee on Health and Long-Term Care of the Select Committee on Aging, 100th Cong. (prepared statement of Chairman Claude Pepper), H.R. Select Comm. on Aging, Subcomm. on Health and Long Term Care, Publ’n No. 100-641 at 4 (Sep. 25, 1987) (emphasis supplied), available at https://files.eric.ed.gov/fulltext/ED297241.pdf.

[vi] Ally Seneczko, Special Education, Guardianships, and Procedural Due Process,  81 Mont. L. Rev. 289, 297–98 (2020) (quotations and citations omitted), available at https://scholarworks.umt.edu/mlr/vol81/iss2/5/.

Documents

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