Our Litigation
The Barbara McDowell Social Justice Center provides high-quality legal representation in social justice cases to underserved and underrepresented communities across the country.
Case: A.H., A.K. & Disability Rights Montana v. Susie Hedalen, Superintendent of Public Instruction, and Governor Greg Gianforte
Date Filed: February 27, 2025 in the United States District Court in Helena, Montana
Issue: Enforcing the civil rights of students with disabilities between the ages of 18 and 22 to an education
The Case: Represented by the BMSJC and other counsel, two Montana high school students with disabilities and Disability Rights Montana have filed a class action lawsuit against the Montana Superintendent of Public Instruction, Susie Hedalen, and Governor Greg Gianforte seeking declaratory and injunctive relief. The lawsuit challenges Montana’s policy of ending education for students with disabilities at age 18, despite federal law granting them the right to an education until age 22.
Under the IDEA, students with disabilities are entitled to a Free Appropriate Public Education (FAPE) until they reach age 22 or earn a regular high school diploma. However, under Montana law, students lose this right to a public education in the year they turn 18, while non-disabled students not having been awarded a diploma can continue their education. Montana attempts to circumvent federal law by allowing Montana schools to award students with disabilities diplomas based on meeting the goals in their Individualized Education Program rather than meeting the same academic standards as their non-disabled peers.
The Team: Barbara McDowell Social Justice Center (Jerry Hartman), Disability Rights Montana, Schneider Wallace Cottrell Konecky, LLP (Jason H. Kim) and James D. Jenkins, a Virginia attorney.
Lawsuit Upholds Democracy: Ensuring Inclusive U.S. Census Count for Fair Representation and Resource Allocation
The case contributed to ensuring an inclusive and equitable U.S. Census count by challenging efforts to exclude non-citizens from apportionment, thereby safeguarding fair representation and equitable distribution of federal resources. This outcome reinforces the principle of inclusivity in democratic processes, emphasizing that every resident's presence is acknowledged and valued, regardless of citizenship status.
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