MT: State settles, agrees disabled students can stay in schools until 22

Aug 19, 2025

Admitting Montana is out of step with other states and facing the threat of a class-action lawsuit, Montana Superintendent of Public Instruction Susie Hedalen and the State of Montana have come to an agreement in federal court to allow those with disabilities to stay enrolled in public schools until they reach their 22nd birthday. The suit was brought by the parents of two disabled students and challenged by Disability Rights Montana. “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.” Montana’s special education was offered through the age of 19, but state leaders had insisted for years that a certificate of completion of an individual education plan was equal to a high school diploma, and therefore, public schools were not obligated to keep disabled students until the age of 22, as most other states mandate.

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