If you are a Minnesota student with a disability that is negatively impacting your academic experience, you have rights, and you are not alone. In its 2022 Child Count report, the Minnesota Department of Education found that more than 150,000 students in the state (birth through age 21) have a disability. If you are among them, know that state and federal laws, rules, and regulations protect you against a school or district failing to recognize or accommodate your qualifying disability. National education attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team are also ready to support you in your effort to access the protections you are entitled to, at any grade level and in any program. Contact attorney-advisor Lento and his team now for help with your Minnesota school disability issue.
Rights for Students with Disabilities in Minnesota
Disability Accommodations in Minnesota
All students – regardless of disability status – have a legal right to a free appropriate education. Further, the 1990 Individuals with Disabilities Act (IDEA) outlines the rights and protections students with disabilities have under federal law and what responsibilities schools have to equitably serve all students.
IDEA is the primary federal law requiring all U.S. schools, colleges, and universities to reasonably accommodate student disabilities. IDEA requires schools to maintain and implement individualized education plans (IEPs) for students with qualifying disabilities. Section 504 of the Rehabilitation Act of 1973 is a significant federal law requiring colleges and universities across the nation, including graduate and professional schools, to reasonably accommodate student disabilities. Included are services, equipment, facility modifications, schedule modifications, and other resources and changes that can make a marked impact on a student's educational experience.
ADA Issues and Lawsuits in Minnesota
Title II of the Americans with Disabilities Act is another federal law requiring colleges and universities to reasonably accommodate qualifying students with disabilities. Department of Education regulations outline these rights for students with physical impairments, intellectual disabilities, or learning disorders – ADHD, autism spectrum disorder, and dyslexia, among them – as well as psychiatric conditions requiring psychoactive medication. In private lawsuits and civil actions, the Department of Justice's Civil Rights Division can enforce ADA disability rights in Minnesota.
A judgment in 2021 found a Minnesota school district failed to provide appropriate special education services for a student with a disability, including a failure to assess the student in all suspected areas of disability and a failure to develop and regularly revise a thorough IEP.
In 2018, a Minnesota school district was required to reimburse the family of a student for transportation into the student's open-enrolled school, as this was a key component of the student's IEP.
These are just a couple of examples of lawsuits that have been filed against Minnesota school districts on behalf of students with disabilities.
Minnesota State Disability Laws
The Minnesota Human Rights Act (statute 363A.13) asserts that educational institutions cannot discriminate against individuals based on a variety of factors, including disability status.
Minnesota state disability laws support federal laws protecting students. Responsible for overseeing Minnesota's protections for students with disabilities is the Minnesota Department of Education.
Minnesota's Pupil Fair Dismissal Act (PFDA) specifically addresses decisions around dismissing (excluding) students from school. It acknowledges that while "Students with disabilities, including students with individualized education programs (IEPs) or Section 504 plans, may be dismissed from school," students do have protections, "such as a manifestation determination, IEP team meeting, behavioral intervention plan (BIP), and alternative educational services—under certain conditions."
If you feel a school or district is not meeting your student's needs, and you have met with the school or district officials, you may wish to escalate your concern. In Minnesota, your options for attempting to resolve a dispute include mediation, a facilitated team meeting, a conciliation conference, filing a complaint, and requesting a due process hearing.
At the college and university levels, students with disabilities attending or seeking to attend state schools are protected by Board Policy 1B.4 (Access and Accommodation for Individuals with Disabilities), which explicitly states that schools will provide what federal law mandates.
If you or your student has a dispute with a Minnesota school over disability rights and accommodations, contact attorney-advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team.
Disability as a Mitigating Factor in Minnesota
Disabilities Affecting Academic Progression Issues in Minnesota
Beyond requiring reasonable accommodations, disabilities can also affect a student's academic progress.
The Minnesota K-12 Academic Standards are the expectations for student learning that guide instruction in Minnesota public schools. There may be accommodations that your student qualifies for.
If you believe your student is being denied the accommodations they need for appropriate instruction or to meet academic standards, their school may be in violation of your student's disability rights. Contact national education attorney-advisor Joseph D. Lento to evaluate and assert your student's disability rights.
Disabilities Affecting Misconduct Discipline in Minnesota
Students with disabilities are disproportionately disciplined in school and disproportionately dismissed from learning environments through exclusionary practices, including suspension and expulsion. This can occur when a school fails to reasonably accommodate a student's behavioral intervention needs.
The Lento Law Firm has vast experience in education law and can help if you or your student face a misconduct proceeding in which the school has not accommodated disabilities afforded by law.
School Disability Advisor Available in Minnesota
Minnesota is obligated to follow federal disability laws, which take precedence over any Minnesota law, rule, or practice – though state laws generally support and supplement federally protected disability rights. You or your student will have substantial legal authority in Minnesota to pursue education without a disability interfering with educational access, instruction, assessment, or other rights, resources, and privileges. National Education Attorney Joseph D. Lento has successfully represented hundreds of students nationwide with disability accommodations, disputes over misconduct, failure to progress academically, and related issues. Call 888.535.3686 or go online now to contact attorney-advisor Lento and the Lento Law Firm's Student Defense Team.
