In the Minneapolis-St. Paul-Bloomington area, almost one in four residents is under the age of 18 and falls under federal laws protecting disability rights in education. With approximately 44 percent of the area's residents having a bachelor's degree or higher, this region puts a premium on education. For individuals with disabilities, knowing the rights and protections they have can help them reach their own educational goals.
While federal law provides the majority of legal protections, students and families should know that states, counties, and school districts may have additional rules and requirements for supporting students with disabilities. Federal law operates as the baseline: Any additional laws must provide the same or more protection than federal law.
Students and parents should know, however, that the majority of these rules apply only to public schools and to students in K-12. While private schools and colleges may institute the same rules as those in public K-12 schools, they will not have the same government support.
Despite laws designed to protect and support students with disabilities, schools sometimes fall short in their responsibilities. If and when this occurs, students and their families should not only know the basic laws but may also need outside assistance. As nationwide attorney-advisors, the Lento Law Firm Education Law Team has the experience to work with students from a variety of backgrounds and in a wide array of school environments.
Minneapolis-St. Paul-Bloomington, MN-WI Area
Commonly known as the Twin Cities, the Minneapolis-St. Paul-Bloomington area covers parts of Minnesota and Wisconsin. Data from the 2020 Census indicates almost 95 percent of its residents have at least a high school diploma, which is above the national average.
The region includes 13 counties in Minnesota and two in Wisconsin.
In Minnesota:
- Anoka
- Carver
- Chisago
- Dakota
- Hennepin
- Isanti
- Le Sueur
- Mille Lacs
- Ramsey
- Scott
- Sherburne
- Washington
- Wright
In Wisconsin:
- St. Croix
- Pierce
The counties cover urban, suburban, and rural areas. They range in size from approximately 26,000 residents to over 1.2 million.
School districts include Minneapolis Public Schools, which supports over 35,000 students, and the Hudson School District, in St. Croix County, which has approximately 5,000 students. The region also includes several well-regarded schools, including Eden Prairie High School and Wayzata High School, both in Hennepin County, and the Math and Science Academy, a Minnesota public charter school in Woodbury.
Colleges and Universities
Not surprising for a region that has an above-average number of college graduates, the area is home to over three dozen colleges and universities. These range from community colleges to liberal arts colleges and the University of Minnesota, which is considered a “Public Ivy” university for the quality of its courses and research.
Whether attending Minneapolis Community and Technical College or Macalester College, students at the college level have fewer protections than their K-12 counterparts. IDEA, one of the key federal laws for students with disabilities, only applies to students in K-12.
One reason for the difference between K-12 and college is that students at the undergraduate and graduate levels are expected to advocate for themselves. Once over eighteen at attending a postsecondary school, students are considered adults, and parents and guardians have limited access to records.
The Family Educational Rights and Privacy Act (FERPA) provides an example of how education law changes for college students. FERPA, which protects student records, no longer grants access to parents or guardians once a student is 18 or once that student, regardless of age, begins study at a postsecondary institution. Disability rights in education follow a similar trajectory, which is one reason why families, even before a child turns eighteen, should help a student learn how to advocate for needed support and services.
Key Federal Laws and Terms
Three federal laws, the Americans with Disabilities Act (ADA), Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973, provide the foundation for disability rights in the United States. ADA covers all Americans. IDEA focuses solely on K-12 students in public schools. Section 504, which predates IDEA, protects K-12 students with disabilities.
For students who are either homeschooled or attending private school, IDEA still applies as the public school district in which they reside must provide services. IDEA requires that public school district support all children within their geographic boundaries. This includes early intervention for babies and toddlers who are not old enough to attend school.
Important Terms
Under federal law, all children are entitled to a Free Appropriate Public Education (FAPE). This includes students with disabilities who may require additional services and support.
Once a student qualifies as having a disability under federal law, they and their families cannot be charged for any additional support or services they receive. Only when all students are assessed a fee, such as for a field trip or activity, may a school charge a student with disabilities.
Current practices encourage that all students are educated in the Least Restrictive Environment (LRE). For students with disabilities, this means they are part of the school community as much as possible. This may mean students are in general classrooms with an aide or that the student is at a specialized school. What is the best LRE depends on the individual student and their disability and should be determined on a case-by-case basis.
A student who qualifies as having a disability under IDEA must have an Individualized Education Program (IEP). Parents, school staff, and students, when appropriate, will meet to determine what services and support a student requires. IEPs must be reviewed annually but can be revised as needed. If you or your student believe their IEP is no longer working, you will need to request a meeting with the school to discuss how to revise the plan.
Schools must make reasonable accommodations to provide students with disabilities the same level of education as those without disabilities. The key word is reasonable, and schools are not required to provide all options, merely what is reasonable when factoring in cost, available resources, and other factors. Schools may also consider how an accommodation will affect other students or if it places an undue burden on teachers and staff.
One thing students and parents should keep in mind is that support should be based on the individual student. Even if two students have the same disability, they may require different services to succeed in school. During meetings with school officials, parents, and guardians should make sure a school is not creating an IEP or suggesting reasonable accommodations based solely on a disability but rather on what will best serve the individual student.
Minnesota Law
The Minnesota Department of Education has a section dedicated to special education. In addition to federal law, the Minnesota Human Rights Act protects all Minnesotans, including in education.
The state has two publicly funded schools, the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind. These schools provide in-home support up until two years of age and programs for students until the age of 21. The schools have residential options for students who don't live near the campuses. For admission to either of these schools, families should work with their local school districts and contact the relevant academy.
Olmstead Plan
The Olmstead Plan is Minnesota's current model for creating a community that includes those with disabilities. The program has four primary goals when supporting Minnesotans with disabilities:
- Live close to family and friends.
- Live more independently.
- Engage in productive employment.
- Participate in community life.
For students, this includes regularly evaluating current support services. School districts should consider recommended best practices for assisting students with disabilities in educational settings and if new research suggests any changes to offered programs and services.
Help Me Grow
IDEA requires states to have early intervention programs to identify children with disabilities early in their development. Minnesota's Help Me Grow program complies with federal requirements and provides resources for families to understand development milestones. The program includes referrals if and when children experience developmental delays.
Person-Centered Practices
As of 2023, the Minnesota Department of Education recommends disability accommodations, and support follow a person-centered model. This approach focuses on the child as a person and not simply as a student. Ideally, this model incorporates a student's strengths, interests, and goals when providing accommodations or crafting or revising an IEP. This approach should also seek to build consistency across the student's life, from home to school and activities.
Wisconsin Law
While Wisconsin residents of the Minneapolis-St. Paul-Bloomington area fall under the same federal law, they should be aware of how Wisconsin law differs.
The Wisconsin Department of Public Instruction has a dedicated team for special education. The team offers resources and current programs as well as data and improvement plans. The state has several organizations to support families of students with disabilities, including the Wisconsin Statewide Parent Educator Initiative (WSPEI). WSPEI partners parents and guardians with coordinators to help them navigate the state's special education programs and services.
Similar to Minnesota, the state offers public schools for students who are blind or deaf. These programs support students up to the age of 21, and placement is generally arranged through the school district in which the student resides.
Annual Performance Reports
Wisconsin mandates an annual assessment of the state's special education services. These performance reports look at how the state is progressing with implementing goals listed within its state improvement plan.
Collaborating Partners
Since 1994, Wisconsin has had a program, Wisconsin Early Childhood Collaborating Partners (WECCP), that focuses on supporting early development and identifying children with disabilities. WECCP has regional support, and both St. Croix and Pierce Counties fall within the Northwest Region.
School-Specific Support
Regardless of whether a school district is in Minnesota or Wisconsin, they must follow the same federal laws. How schools implement these laws and what services and resources they have can vary. Parents and guardians should research a school's programs both ahead of a student beginning a new school or if they are moving to a new home.
K-12
Wayzata Public Schools, mentioned above, is often cited as one of the top school districts in the region for students with disabilities. The school's website makes information about testing, services, and accommodations easily available on its websites. Programs begin with early intervention services for newborns to toddlers and continue to transitional programs for students up to the age of 21.
Saint Paul Public Schools, in addition to providing services and support in all of its schools, also has dedicated special education schools for students who need support above and beyond what their general schools can provide. For some students, these specialized schools will provide the best option.
Dedicated special education schools are more common in larger school districts. If families reside in smaller school districts and their students need additional support, they should inquire about the possibility of having their children attend an out-of-district school.
Colleges and Universities
This includes colleges and universities. Before attending a college or university, students with disabilities should inquire about what services and support the school offers. Some schools may be better equipped to handle certain disabilities.
Augsburg College, located in Minneapolis, consistently places on lists as one of the best colleges for students with disabilities. The school's Center for Learning and Accessible Student Services (CLASS) provides students with a personal disability specialist for their entire time as a student.
Determining support in college is one way a student's IEP can be useful after they graduate from high school. While federal law only mandates IEPs for K-12 students, students who have an IEP can use it as a guide for what support they will need in post-high school programs.
All Students Deserve an Education
The Minneapolis-St. Paul-Bloomington area values education and the benefits it brings to children as they grow. That your child has a disability does not lessen their right to an education, and both federal and state law guarantees their right to a free appropriate public education. If your school district is failing to support your student, you need to know your options and how to advocate to get your student the support they deserve.
The Lento Law Firm Team works nationwide with families to help them support their students and get students the support they require to thrive in school. As attorney-advisors, we've worked with families from a variety of regions and school districts, and we can bring that experience to help you. We know how to help you work with schools. Call 888-535-3686 for a consultation now, or use the online service.
