Board hears staff on settlement requiring special-education services through students' 20th birthday

District staff informed trustees that recent legal guidance — a settlement between the state and federal government — changes the age through which Montana must provide special-education services to eligible students.

Lindy summarized the change as a clarification of IDEA obligations: "our state's laws that required us to educate our students until the age of 19 didn't comply with the IDEA requirements … we are required to keep those students until their 20 birthday if they're special education students," she said. Staff explained that this affects students who have not met graduation requirements and may otherwise have aged out under prior state interpretation.

Administrators said the change effectively extends an existing practice in many other states and that Montana districts will be learning how to implement the requirement during the coming year. Lindy recommended the district will look to the Office of Public Instruction and the Montana School Boards Association for implementation guidance and help determining costs and practice changes. The board discussed possible funding mechanisms; staff noted that special-education expenses will be treated as special-education costs and can be reflected in the district’s special-education funding calculations rather than general tuition funds.

Staff said they had issued a notice to at least one recent graduate offering the option to return under the new guidance but had not received a response.

The board did not take formal action beyond directing staff to monitor implementation and return with details as needed.