Case Filed in Federal Court, Silence from A.G. Knudsen, and Wheelchair Repair Bill.
Montana Only State in America
Not Educating Disabled Students Beyond Age 18
On Thursday, Disability Rights Montana and our national co-counsel team filed a case in federal court against the Montana governor and superintendent of public instruction.
The case is brought on behalf of two named plaintiffs, a class of students (“class” as in class action not school room), and Disability Rights Montana as an association. The case asks the federal court to require schools continue to educate all IDEA eligible students with disabilities who will not graduate at 18 with a regular diploma through the age of 21.
Montana is the last state in the nation that still kicks disabled students out at the end of the school year in which they turn 18.
Disability Rights Montana has advocated with policy makers for at least 10 years to change this. Asking the executive and legislative branches of government hasn’t worked, so here we are today asking the judicial branch to get our students the educational services to which they are entitled.
It important for us to be able to identify the students who may benefit from this lawsuit and may be a part of the proposed class. In addition to other reasons, this helps us notify people if there is a resolution of the case that will provide a benefit to the student.
Letter Signed by 38 Montana Organizations Delivered to Attorney General Knudsen
Dear Attorney General Knudsen,
The undersigned organizations serve people with disabilities across Montana. We are deeply concerned about your attempt to erase our nation’s oldest disability-related anti-discrimination law, Section 504 of the Rehabilitation Act of 1973. On behalf of Montana, you filed a federal lawsuit called Texas v. Becerra. The case explicitly asks the federal court to get rid of Section 504 by finding it unconstitutional.1 To us, this is unconscionable.
Section 504 protects people with disabilities from discrimination by the federal government and organizations that receive federal funding. This includes schools, hospitals, and other public services that are essential for our community’s well-being and inclusion. As a result of this law, thousands of Montanan children, youth, and adults receive a free appropriate public education (pre-school, K-12, and post-secondary education) because their schools provide them with disability-related accommodations. Disabled veterans cannot be denied employment by the federal government or a federal grantee just because they have a disability. Montanans who need daily support to go about their day can get Medicaid funded services in their own homes, instead of being discriminatorily forced into nursing homes or other institutional placements away from their families and communities.
This lawsuit seeks to strip away all of these protections and will hurt Montanans with disabilities. We believe that withdrawing from this lawsuit is in the best interest of our state and its residents. We respectfully urge you to reconsider Montana's involvement in this lawsuit and withdraw our state form the case.
We look forward to your response. We hope you will join us to uphold the rights and dignity of Montanans with disabilities. We need Montana to be a place that respects people with disabilities and their rights as full citizens of our great state and nation.
Sincerely,
Ability Montana, ACLU of Montana, Action Inc., Big Sky 55+, Big Sky Professional Payee Services, Butte Pride Foundation, Butte Salvation Army, Cottonwood Day School, Disability Rights Montana, District XI Human Resource Council, Inc., Eagle Mount, Family Outreach, Inc., Job Connection, Inc., Leanne Beers Disability Sexologist and Educator, Legal Voice, Living Independently for Today and Tomorrow, Mental Health America of Montana, Missoula Council of the Deaf, Inc., Montana Area Agencies on Aging Association, Montana Association of the Deaf, Inc., Montana Budget & Policy Center, Montana Community Action Network (aka HRDC Directors Association), Montana Council on Developmental Disabilities, Montana Occupational Therapy Association, Montana Quality Education Coalition, Montana Speech-Language Hearing Association, National Federation of the Blind of Montana, North Central Independent Living Services, Inc., Opportunity Resources, Inc., State Director of Program Services Overture, RAMP Regional Access Mobility Program, Reach, Inc., Rural Institute for Inclusive Communities, Spring Meadow Resources, STEP, Inc., Summit Independent Living, United Way of Missoula County, United Way of the Lewis and Clark Area
As of March 1, 2025, we have not had a response from A.G. Austin Knudsen.
Right-to-Repair for Disabled Montanans is about Dignity, nothing else.
On Tuesday, the legislature will hold a hearing on House Bill 828, an important Right to Repair measure for powered wheelchairs in Montana. This bill ensures that wheelchair users have the freedom and information needed to make their own decisions about how, when, and where their wheelchairs get repaired—without facing unnecessary hurdles. For many Montanans, a power chair is more than just equipment; it’s independence, mobility, and a way to stay connected to work, family, and community.
At Disability Rights Montana, we believe in empowering people with disabilities to live life on their own terms. HB 828 is a necessary step to level the playing field by giving wheelchair users quicker access to repairs—whether through an independent shop they trust or even doing it themselves. If you currently use a wheelchair (or care about someone who does), your perspective matters. Personal stories about how delays, high repair costs, or limited repair options affect daily life can be the most powerful testimony of all.
We encourage anyone who is able to attend Tuesday’s hearing, either in person, online, or by submitting comments, to make your voice heard. If testifying isn’t an option, consider writing or calling your legislator to express support for HB 828. Let’s make sure Montana remains a place that honors self-determination and choice for every one of its citizens.
If you are a wheelchair user and support HB 828, please consider testifying this coming Tuesday, February 4, 2025.
Let’s Stay Connected, grab a Coffee, and Change the World
Thank you for taking the time to read our newsletter. We hope these updates empower you to stay informed, engaged, and active toward actualizing true inclusion of people with disabilities. Please share this newsletter with friends, colleagues, and anyone else interested in disability justice and living beyond compliance.
Let’s keep pushing for a more inclusive and equitable Montana—together!
For questions, comments, or to get involved, just reply to this email or visit our website: disabilityrightsmt.org.
Me ka mahalo,
Kona Franks-Ongoy
Director of Communications
Disability Rights Montana
See entire section of “Count 3 Section 504 is Unconstitutional,” Complaint pp 37-40; and “Demand for Relief” lines “d.” and “e.” asking the court to “Declare Section 504, 29 U.S.C. § 794, unconstitutional;” and “Issue permanent injunctive relief against Defendants enjoining them from enforcing Section 504” Id at p 42.