Legal

The Americans with Disabilities Act (ADA) makes it illegal to discriminate against people with disabilities. It applies almost everywhere, from schools to workplaces to public places like restaurants and businesses. Understanding the ADA can make it easier for you to seek what help you or your child may need. 

PACER has an ADA Question and Answer sheet (PDF) from a PACER ADA specialist that may be useful for Minnesota families.

The Olmstead Plan is a broad series of key activities MN must accomplish to ensure people with disabilities are living, learning, working and enjoying life in the most integrated setting. Information about the history, development, and implementation of the plan is available to the public.

All Minnesota Health Care Programs (MHCP) applicants and enrollees have rights and responsibilities under various laws. Application forms, notices, and brochures include information on rights and responsibilities. The Eligibility Policy Manual (EPM) contains the official DHS eligibility policies for the Minnesota Health Care Programs, including Medical Assistance and MinnesotaCare; however, the policies do not constitute legal advice and may not supersede the applicable laws. Minnesota Health Care Programs policies are based on the state and federal laws and regulations that govern the programs. This subchapter on client’s rights and responsibilities provides policy information that applies to all Minnesota Health Care Programs. 

An individual's rights and responsibilities when applying and enrolling in health insurance coverage through MNsure can be found at MNsure Rights and Responsibilities. 

The Department of Human Services Administration and Management information on appeals, civil rights, county disputes, fair hearing decisions and many more can be found at the Minnesota Department of Human Services Administration and Management section.

The Ombudsman (om-budz-muhn) is an independent governmental official who receives complaints about government and contracted agencies and/or its officials, who investigates, and who if the complaints are justified, takes action to remedy the complaints. 

The Office of Ombudsman for Mental Health & Developmental Disabilities page for client services includes information on an individual's rights, filing complaints, medical review and civil commitment training information.

The Individuals with Disabilities Education Act (IDEA) is a federal law. The IDEA tells what the schools must do for students with disabilities. For more information, visit Minnesota Department of Education - Special Education.

For information on Minnesota's special education complaint system to ensure all children birth to 21 with disabilities are provided a free appropriate public education, refer to Minnesota Department of Education Special Education Complaints.

For information about filing a complaint about Minnesota charter schools visit MDE’s Charter School section, including information about Minnesota Department of Education Charter Complaints.

The PACER center checklist (PDF) provides helpful tips on filing a complaint with MDE.

For laws and due process regarding Individualized Education Program (IEP), refer to IEP, Evaluations and Eligibility.

For complaints about higher education such as universities, state, private colleges and career schools, refer to the Office of Higher Education Consumer Information page.

MN Procedural safeguards and parental rights are available in over a dozen languages and available for download. 

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education. The Office of Civil Rights is the responsible agency for enforcement of Section 504. The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.

The Minnesota Disability Law Center (MDLC) is the designated Protection and Advocacy System for Minnesota and addresses the unique legal needs of Minnesotans with disabilities. MDLC provides civil legal assistance to individuals with disabilities statewide on legal issues related to their disabilities. All individuals with disabilities are eligible to receive help, regardless of age or income level. You may also call the Minneapolis intake line at 877-696-6529.

The Appeals Division of the Minnesota Department of Human Services (DHS) provides a neutral forum for hearing and resolving disputes about the administration of human services programs. These services include cash and food benefit programs, health care programs, social services programs, residential programs and others. Human services judges also conduct hearings involving allegations of program fraud and maltreatment determinations made by DHS or local county agencies. 

More information about State Appeal Hearings (DHS-2811) (PDF) is also available in the DHS eDocs (eForms) library along with instructions for Requesting an Appeal (DHS-0033) (PDF).

The Minnesota Department of Health Complaints (MDH) has additional information on filing complaints about clinics, practitioners, health carriers or Health Maintenance Organizations (HMOs) and/or their providers.

The Minnesota Department of Human Rights (MDHR) is the state agency charged with enforcing the Minnesota Human Rights Act (MHRA). It prohibits discrimination on the basis of race, color, creed, religion, national origin, sex, age, marital status, status with regard to public assistance, sexual orientation, familial status, or disability. A complaint of discrimination must be filed within one year of the date the discrimination occurred or one year from the date of learning of the discrimination.

Health information Privacy (HIPAA) is a federal law protecting an individual's rights over their health information and setting limits on who may access the protected health information. HIPAA has information on individuals, professionals and how to file a HIPAA complaint.

In passing the Indian Child Welfare Act (ICWA), Congress stated: It is the policy of this Nation to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by establishment of minimum federal standards for the removal of Indian children from their families and the placement of such children in foster or adoptive homes, which will reflect the unique values of Indian culture, and by providing for assistance to Indian tribes in the operations of child and family service programs. [25 U.S.C. § 1902]. The Indian Child Welfare: policies and procedures page is a Department website providing information on laws, programs and contact information relating to ICWA.

The Minnesota Council on Disability has fact sheets and information specific to accessibility laws and resources in Minnesota. Below, you will also find a series of fact sheets prepared by the Minnesota Disability Law Center.

• IEPs for Students with Disabilities PDF DOC
• Identifying and Evaluating Students PDF DOC
• Special Education Transition Planning PDF DOC
• School Discipline PDF DOC
• How to File a Complaint PDF DOC
• Assistive Technology and the Schools PDF DOC
• Funding and Appeals for Assistive Technology PDF DOC
• PCA Appeals PDF DOC
• Rights of Children with Disabilities to Receive from Daycare Providers PDF DOC
• Glossary PDF DOC

The staff at the School Law Center understand the importance of a child’s education and we work to ensure that each child has the right to be safe and successful at school.

The Autism Advocacy & Law Center is a Minnesota-based law firm dedicated to supporting individuals with disabilities and their families through personalized legal services in areas such as guardianship, special education, trusts, estate planning, and public benefits. Their team combines legal expertise with an understanding of disability-related needs to help clients navigate complex systems and plan for the future.