Special Education Case Extends School Up to 22nd Birthday

In a 2021 class action lawsuit filed by Mid-Minnesota Legal Aid's Disability Law Center, U.S. District Court Judge Patrick J. Schiltz ruled that special education students are entitled to receive school instruction every day in an academic year leading up to their 22nd birthday.

The lawsuit, initiated in 2020, focused on two students, and others similarly classified, whose special education services were prematurely terminated, violating federal law. The state law had allowed school districts to conclude instruction for special education students on July 1 following their 21st birthday.

The court's decision is seen as a significant win for special education students, and efforts are underway to inform families about the ruling. Families with children affected by the premature termination of special education services are encouraged to contact their school district to request the continuation of transition services until the child turns 22.

Those eligible for compensatory services can inquire with the school district or transition program to re-enroll the child or learn about the necessary compensatory services. If a school refuses these requests, families can contact the Minnesota Disability Law Center for assistance.