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Late last week, Austin Public Schools Superintendent Dr. Joey Page sent out a release alerting those in Austin to a recent court decision that could mean compensatory education for some students.

The announcement comes in the wake of a recent class action lawsuit filed by the Mid-Minnesota Legal Aid’s Minnesota Disability Law Center.

According to a press release from the Minnesota Department of Education, the settlement directs the MDE to notify a group of former special education students that may be entitled to compensatory education for having been denied school days leading up to their 22nd birthday.

The case originated in 2020, when the law center took up the case of a pair of students in K.O. v Jett, and those similarly classed, contending their school districts prematurely ended instruction on July 1 following their 21st birthday.

The contention was that it violated federal law, which the U.S. District Court agreed with.

Unless objections are raised, the names of these students will be shared with the claims administrator so they may be informed of their eligibility, which includes:

• Birth dates are between July 1, 1998 to June 30, 2001

• Received special education services from a Minnesota school district or local education agency sometimes between July 1, 1998 to July 1, 2022

• Special education instructions or services were ended before the student turned 22 years old.

Additional information about this settlement is available at https://education.mn.gov.