Montana Sued To Allow IDEA-Eligible Students With Disabilities To Continue Education To Age 21

On February 27, 2025, Disability Rights Montana and two students with disabilities sued the State of Montana over the state’s policy of terminating school eligibility at age 18 for special education students with an individualized education plan (IEP) who will not graduate with a regular diploma for meeting the state’s standard graduation requirements. Such students are protected under the federal Individuals with Disabilities Education Act (IDEA) and in most states can continue attending school through age 21. No law or regulation in the state imposes an age limitation on the entitlement to public education for non-special-education . . .