Filed Date: Feb. 27, 2025
Case Ongoing
Clearinghouse coding complete
This is a case challenging Montana's alleged failure to provide education to students with disabilities aged 19 to 21. On February 27, 2025, two minors by and through their parents filed a putative class action lawsuit in the United States District Court for the District of Montana against the Governor and Superintendent of Public Instruction of Montana. The minor plaintiffs were seventeen and eighteen years old and each had cognitive disabilities. Represented by Disability Rights Montana, the Barbara McDowell Social Justice Center, and private counsel, the plaintiffs alleged that Montana violated the Individuals with Disabilities Education Act's (IDEA) requirements related to public education for students with disabilities. Specifically, the plaintiffs claimed that the state did not provide free appropriate public education (FAPE) to students with disabilities who were between 19 and 21 years old, even though it provided free education to other students in that age group. Further, the plaintiffs alleged that Montana administrative rules (Mont. Admin. R. § 10.55.805) required school districts to award high school diplomas to students with disabilities who completed the goals in their Individualized Education Programs (IEPs) even if those goals did not meet the state's standard graduation requirements. The plaintiffs contended that this violated the IDEA, and that awarding students diplomas in these situations prevented them from receiving free education beyond the age of 18.
The plaintiffs sought injunctive and declaratory relief, as well as attorneys' fees. The plaintiffs proposed a class of
All individuals who turned 19 within four years before the filing of this action or will turn 19 during the pendency of this action who are eligible or were eligible for a FAPE under the IDEA by any school district subject to the supervision and control of the [Montana Office of Public Instruction] and who, but for their granting of a diploma pursuant to Mont. Admin. R. § 10.55.805 or their turning 19, would otherwise qualify or would have qualified for a FAPE because they have not or had not yet earned a regular high school diploma.
District Judge Dana L. Christensen was assigned to the case. As of March 27, 2025, the case is ongoing.
Summary Authors
Isabel Bysiewicz (3/27/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69687509/parties/ah-v-hedalen/
Christensen, Dana Lewis (Montana)
Goldin, Tal M. (Montana)
Hartman, Gerald (Montana)
Jenkins, James D (Montana)
Kim, Jason (Montana)
See docket on RECAP: https://www.courtlistener.com/docket/69687509/ah-v-hedalen/
Last updated Aug. 19, 2025, 3:42 a.m.
State / Territory: Montana
Case Type(s):
Key Dates
Filing Date: Feb. 27, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A putative class of students with disabilities in Montana who were denied free education from the ages of 19 to 21.
Plaintiff Type(s):
Attorney Organizations:
Disability Rights Education & Defense Fund (DREDF)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Discrimination Basis: