(ABC 6 News) – The Minnesota Department of Education (MDE) is working to identify young adults with disabilities who missed out on critical educational services.

It follows the class action lawsuit K.O. v. Mueller, settled on May 14 between MDE and a group of students and/or their guardians represented by Minnesota Disability Law Center, and declared certain students with disabilities are eligible for compensatory education services.

Previously, Minnesota law declared a student with disabilities who was still in high school would become ineligible for education services on July 1 of the year they turn 21.

However, as result of the lawsuit, the Minnesota legislature has updated that law in 2022 to comply with federal law, making students with disabilities able to receive services until their 22nd birthday.

MDE is seeking students who were denied services between July 1, 2019 and July 1, 2022. Initial estimates from the department reveal this could be up to 3,200 people.

The types of services students were likely to miss out on are transitional services to get them ready for the workforce, or just be able to live on their own. Because the spectrum of disabilities is so wide, services for each individual can vary greatly.

“A bus pass, or going to certain counseling, certain tutoring, anything like that, it just really depends on what that particular kiddo needs,” said Jessica Heiser, an attorney with Mid-Minnesota Legal Aid who is involved in the execution of the settlement.

MDE lists the criteria for eligibility as:

“All children (a) who are receiving or received special instruction and services pursuant to the Individuals with Disabilities Education Act and Minnesota Special Instruction laws from a local educational agency in Minnesota, (b) who became 21 years old after July 1, 2019, or will become 21 during the pendency of this action, (c) whose special instruction and services ended, or will end, on July 1 after their 21st birthday pursuant to Minn. Stat. § 125A.03(b), (d) whose special instruction and services ended, or will end, before they complete the graduation requirements to receive a regular high school diploma as defined in 34 C.F.R. 300.102(a)(3)(iv).”

To locate these students, MDE is turning to local school districts and disability service organizations.

MDE plans to provide the Claims Administrator with the following information:

• Names of former students: (i) whose birthdates are between July 1, 1998, to June 30, 2001, (ii) who received special education services from a Minnesota school district or local education agency sometime between July 1, 2019, and July 1, 2022, and (iii) whose special education instructions or services were ended before the student turned 22 years old
• Birthdates of those same former students
• The name of the school district last attended by those same former students
• The last date of those same former students’ status at the school

Anyone who fits the criteria but does not want to state to collect their information has until Monday, July 15 to object and forfeit compensatory services.

To opt out, email kosettlement.MDE@state.mn.us for instructions on how to object and to let MDE know that it should not provide information their to the Claims Administrator.

Additional information about this settlement is available here.