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