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.