HELENA — Advocates have filed a class action lawsuit in federal court, arguing that the state of Montana should allow students with disabilities to continue receiving public education past the age of 18.
Disability Rights Montana sued Gov. Greg Gianforte and Superintendent of Public Instruction Susie Hedalen, on behalf of two students with developmental disabilities – and hundreds of other students who are or were receiving special ed services set to end when they turn 19.
(Watch the video for more on the arguments advocates are making.)
“This case is about fundamental fairness and giving students with disabilities the time they need to prepare for further education, employment, and independent living,” said Tal Goldin, director of advocacy at Disability Rights Montana, in a statement. “Montana provides publicly funded education to non-disabled adults beyond age 18 yet denies the same access to students with disabilities. This is exactly the kind of discrimination that, if eliminated, can strengthen our communities.”
The lawsuit says federal law guarantees students with disabilities access to public education until they’re 22 or they complete a high school diploma. It says Montana instead ends these students’ education when they turn 19, granting them diplomas based on whether they’ve completed the goals set out in their “individualized education program” – an alternative Disability Rights Montana argues doesn’t meet the federal requirements.
“Students who are unable to complete a high school curriculum in a standard timeframe would benefit from extended special education to pursue a regular high school diploma, instead of having their education cut short by the issuance of an alternative diploma premised on completion of the student’s IEP,” the complaint says.
(Read the full complaint:)
MTN reached out to Gianforte’s office, and a spokesperson shared a statement.
“While the governor's office typically doesn't comment on active litigation, the governor remains committed to ensuring all Montana students are able to reach their full, outstanding potential, especially those with special needs,” they said. “Last session, the governor was glad to sign into law the Students with Special Needs Equal Opportunity Act, authorizing ESAs for students with special needs, empowering parents to pursue the education that best meets the needs of their child.”
A spokesperson for Hedalen’s office also released a statement.
“The Office of Public Instruction does not comment on active litigation, but our commitment remains the same, ensuring that every Montana student, especially those with special needs, have the opportunity to thrive,” they said. “We will continue to support families, educators, and schools in providing the resources and learning environments necessary to meet the diverse needs of all students.”
