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.”

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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.

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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Jan 22, 2025

Patient Testifies from State-run Psychiatric Institution

2025-01-24T16:27:16-07:00January 22nd, 2025|

Disabled Montanans are often unable to participate in the legislative process for a variety of reasons. This is why we have a presence at the legislature. Though we have staff who are part of the disability community, we are not every voice in our community. We are working to increase the number of disabled voices at the legislature and build a more realistic view of what our community experiences. To the extent we are able, we prefer to hand the microphone to others in our community, and that is what we were able to accomplish in the first hearing of HB 186.

Our staff facilitated testimony of a patient currently at the state-run psychiatric institution (Montana State Hospital) and who is directly impacted by this bill. We are working to center the members of the disability community in the conversation of disability related bills as these individuals will be most impacted by the legislative outcome.

Mike Borgshart, the state hospital patient, was the only opponent for this bill and the only person with a disability to testify.

Jan 16, 2025

Eugenics and America’s moral policing of women, sex, and disabled bodies and minds

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

Content warning – the following discusses sexual assault and forced sterilization.

100 years ago, on March 28, 1924, Vivian Buck was born! That should have been a happy day, but for many reasons it wasn’t.

Vivian’s mother, Carrie, was 17 at the time Vivian was born and instead of being supported to be a great mom, powerful people decided to make an example out of her. She was pregnant because she was raped by the nephew of her foster parents. When they learned she was pregnant, her foster parents had her committed to an institution for people labeled “feebleminded” to hide the rape. After giving birth, Carrie was ordered to be forcibly sterilized by the institution’s doctors. With the counter-productive “help” of her assigned attorney who was a proponent of eugenic sterilization and friends with the attorney for the institution that wanted to forcibly sterilize her, Carrie appealed the decision to sterilize her all the way to the United States Supreme Court. The game was fixed with the hospital hand picking her as the test case and assigning an attorney who agreed with the hospital that cleaning the gene pool through forced sterilization was a good thing. The result was Oliver Wendell Holms, arguably the most respected judge in American history, writing the opinion of the highest court in the land in Carrie’s case. In it, he penned one of the most notoriously offensive lines in American jurisprudence:

“We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the state for these lesser sacrifices…. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough.”

Vivian was that third generation. Her grandmother, the first generation, was allegedly genetically defective because she was institutionalized at the same facility. What was the proof Vivian’s grandmother was genetically defective, she was accused of being a sex worker. Her mother was supposedly the second generation that was unfit to have children because she was labeled feebleminded and promiscuous for having a child out of wedlock after being raped. And finally, a doctor from the institution that wanted to perform the sterilization thought that at 6 months old, Vivian looked “below average” even though she ultimately went on to attend school and was on the honor role. These three generations of poor, rural, white, women were not genetically and morally defective as claimed. I contend, the morally defective ones were Carrie’s rapist, her foster parents, and of course the privileged, white, male, highly-educated doctors, lawyers, and judges who abused the power they had over this family.

Today eugenic motives are present, albeit often unspoken, in our approach to how we fund services, how we limit the ability of people labeled as disabled to make decisions about their own lives and bodies, how we perpetuate medical systems and social structures that create health disparities for some, and how we deploy child protective services. And, it should be stressed, eugenics is also still present in forced sterilizations and end of decision making practices that happen every day across America. While most people have sanitized their language, right under the surface are thoughts that echo the thoughts of Chief Justice Oliver Wendell Holms that perhaps it’s not such a big deal if we eliminate the people who “sap the strength of the state.”

Jan 7, 2025

Healthy Communities, Stronger Montana

2025-01-24T16:27:16-07:00January 7th, 2025|

Thousands of Montanans receive healthcare through Medicaid services. Medicaid not only helps keep people healthy, it also creates healthy communities.
Join Disability Rights Montana in a conversation with three panelists as they discus the current state of Medicaid and the different routs and possibilities which could change healthcare in our state for our neighbors, friends, and family.
  • Date: January 14th
  • Time: 7:00 PM
  • Location: 1022 Chestnut Street, Helena, MT 59601

Panelists

Olivia Riutta
Olivia Riutta
Montana Primary Care Associates
Heather O'Loughlin
Heather O'Loughlin
Montana Budget and Policy Center
Joel Rosette
Joel Rosette
Rocky Boy Health Clinic

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