SMRLS Court of Appeals Decision Gives Student Compensatory Tutoring

Laura Isenor, staff attorney with the Education Law Advocacy Project at Southern Minnesota Regional Legal Services (SMRLS), logged an important decision for her client at the Minnesota Court of Appeals last month. Isenor filed a special education complaint to the Minnesota Department of Education (MDE) in August regarding the suspension of a student with an emotional disturbance for which no written notice was given. She secured a favorable decision for the client to receive compensatory education for missed school time because of the school’s actions. The school district then appealed MDEs decision and Isenor represented the client on the appeal.

The Court of Appeals affirmed and upheld MDE's investigation and complaint decision (Minn. Ct. App. 02/05/24, unpublished) because of the school district's failure to provide written notice of suspensions violated state law. That decision ordered the district to pay for 60 hours of tutoring at a rate of $50 an hour for the student’s missed school time.

In Minnesota procedural safeguards beyond those set forth in the Individuals with Disabilities Education Act (IDEA) have been adopted. School districts are required to review these additional requirements with relevant personnel to emphasize the importance of compliance. IDEA requirements do not require suspension notices, but MDE can enforce the state’s law requiring written notice of suspension. Read the full Court of Appeals decision.

Sharon Jones Recognized as 2023 Attorney of the Year

On February 8, 2024, outstanding individuals and teams were honored for their exemplary legal work by Minnesota Lawyer. The 2023 Attorney of the Year Awards were presented at the Quincy Hall in northeast Minneapolis, where the winners were celebrated for their contributions.

Sharon Jones, executive director of Legal Assistance of Dakota County (LADC), was among those individuals recognized as an Attorney of the Year. Since 2014, Jones has led LADC’s work in the provision of civil legal services to Minnesotans with low incomes, and with a focus on family law. Jones puts it succinctly, “the decisions that get made in family law cases ripple throughout our community.”

LADC recently expanded their scope of services and were able to hire and retain qualified staff due to increased funding from the state legislature last year. Additionally, LADC became part of the statewide coordinated intake process among legal services providers, a client-centered and streamlined referral system.

Reflecting on the positive impact of her organization’s work, Jones said, “I get to work for individual clients while also working toward systemic change statewide with other legal aid providers, private attorneys and courts around the state. It can be hard work, but it’s rewarding. Sometimes we get to see amazing outcomes and sometimes we are not fully aware of the long-term impact of our work, but the human connection is what keeps me doing this.” Read the article in Minnesota Lawyer.

Minnesota Debt Fairness Act to Help Consumers Struggling with Medical Debt

Katy Drahos, access to justice director at the Minnesota State Bar Association (MSBA), spoke at a February 9th press conference about the Bar’s Consumer Debt Litigation Report alongside Governor Tim Walz, Attorney General Keith Ellison, legislators, and Minnesotans affected by the burden of unfair medical debt. The press conference was held to preview medical debt solution proposals, notably the Minnesota Debt Fairness Act discussed by AG Ellison. If passed, the Act would address medical debt, wage garnishment and collections, and would include unique provisions for medical debt. It would ban the denial of medical care based on outstanding patient debt, repeal the current law allowing transfer of medical debt to a patient’s spouse, ban charging interest on medical debt and reporting it to credit bureaus, and more.

Ellison shared that the impetus for the proposed bill was the MSBA’s Consumer Debt Litigation Report, and the stark picture it painted of how broken debt collection policies are in Minnesota. Drahos spoke on behalf of the Bar’s access to justice committee and explained how the group regularly looks at the biggest gaps in representation in the court system. They found that consumer debt litigation always rises to the top. Consumers rarely have representation in these cases and Drahos emphasized that the report’s data revealed over half of all civil cases in Minnesota are consumer debt cases. Medical debt is included in these cases.

KARE 11 news also spoke with Drahos who noted that debt collection cases are filed against Black and Latino Minnesotans at double the rate of white Minnesotans. Families in lower income areas are also more likely to be taken to court for debt and that the number of cases is probably higher than it appears because of the way the debt is handled and paid. "That debt has been sold to collectors, or individuals put medical debt on their credit cards and then default on those cards, or they prioritize paying their medical bills at the cost of other debts they owe,” Drahos said.

SMRLS Celebrates Black History Month with Spotlight on Exceptional Minnesota Attorneys

To celebrate and honor the achievements and contributions African Americans have made in the United States, Southern Minnesota Regional Legal Services (SMRLS) will recognize some of the extraordinary Black attorneys who have made an impact in Minnesota.

SMRLS starts its Black History Month spotlight series with Jessie Nicholson, CEO of SMRLS. Dubbed “The Torchbearer,” Nicholson is the first black woman to hold the title of CEO at SMRLS and she began helming the organization in 2007. She has been a leader in the Minnesota legal community for almost 4 decades, sitting on several boards including the University of St. Thomas Law School. A stalwart of civil legal aid throughout her career, Nicholson has been recognized locally and nationally for her efforts.

Meet "The Torchbearer" and read more about her and other luminaries such as The Chief, The Activist, The Honorable, and more at Celebrating Black History Month — Southern Minnesota Regional Legal Services (smrls.org).

MMLA's Project Care on the Effects of Medicaid "Unwinding"

In the latest issue of Minnesota Medicine, the frustration, fear, and anger resulting from “Medicaid unwinding” is discussed with Ralonda Mason, supervising attorney at the Saint Cloud office of Mid-Minnesota Legal Aid (MMLA). Along with others, Mason explains the complicated process of eligibility determinations and the toll on clients who were mistakenly denied coverage.

In response to the Covid-19 global pandemic, there was a massive increase in eligibility for the Medicaid program, which Mason explained was done for a very important reason. Many Americans would have otherwise lost healthcare coverage completely when employers needed to lay off staff or shut down completely and these people were suddenly eligible for Medicaid. “While we were struggling through an unprecedented health emergency in this country, having people lose coverage and access to healthcare would’ve been horrible for all of us.” Mason said.

But while experts in the field knew that eventually the expanded eligibility and coverage would end with the pandemic, many people benefitting from the program did not, and were taken by surprise when learning they could lose their coverage. It is estimated that between 100,000 and 280,000 Minnesotans could lose their Medicaid coverage in 2024. Mason notes that Minnesota has tried to be thoughtful about evaluating enrollee eligibility during the “unwinding” process while also recognizing the huge challenges inherent in reaching so many enrollees and communicating what needs to be understood and done.

MMLA’s Project Care (a free healthcare navigator service) provides assistance to help people apply for Medicaid coverage and take necessary steps to stay covered. Navigators work in the St. Cloud office, as well as in 14 different locations in the 12-county area. Bilingual navigators are stationed in public libraries, health clinics and social service agencies and navigators also meet with people on the phone and through virtual appointments. MMLA’s St. Cloud office is the only legal aid program in the state that provides this service to clients. “We’ve worked hard to make sure people know that we are providing these services. It is part of our job and our mission,” Mason said. On the subject of how complicated the process is, she noted, “You shouldn’t need to go to a lawyer to get to see your doctor.” Read more in “A tangled web: Minnesota’s post-COVID Medicaid ‘unwinding’ requires patience, compassion.”