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SCOTUS Case: Help or Harm for Students with Disabilities?
By Matt Saleh, J.D., Ph.D.
Actions taken by the Trump administration have put federal support for students with disabilities into question. In this state of uncertainty, a lawsuit currently in front of the U.S. Supreme Court could have major implications for students with disabilities nationwide. How should parents respond?
About the Case
AJT v. Osseo Area Schools involves a Minnesota school district’s denial of accommodations at the intersection of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act (IDEA). The plaintiff is a child with epilepsy who experiences frequent morning seizures, affecting her ability to participate in morning school activities.
Her previous district in Kentucky provided evening instruction so she could receive the same instructional hours as her peers while also integrating with them during the school day. Upon moving to Minnesota, her new district refused this accommodation, offering alternatives that resulted in only three hours of schooling per day and more segregation.
The 8th Circuit Court of Appeals found that the plaintiff was not entitled to monetary relief because there was no showing that the district acted in “bad faith or gross misjudgment.” This “bad faith or gross misjudgment” standard is at the heart of the case. The Supreme Court is considering whether this standard is an appropriate reading of the federal disability law as applied to school settings.
How to Respond
Many parents are familiar with the frustrating experience of bargaining for fair accommodations. Some advocates worry that this new case is part of a broader trend where courts have placed a higher burden on parents. However, early indications suggest the Court might reject the more burdensome standard. If they do, this could improve legal protections for parents, increasing liability for noncompliance under the ADA and the Rehabilitation Act. Five other federal circuits adopted the “bad faith or gross misjudgment” standard, so if the Court invalidates it, it would benefit parents nationwide.
This is something parents and advocates should monitor. As federal IDEA oversight and funding continue to suffer, and children around the country face difficulty receiving appropriate IEP services, ADA and Section 504 accommodation and modification requirements may become even more important. As the AJT v. Osseo Area Schools case demonstrates, a 504 Plan with appropriate accommodations and modifications can be vital for helping your child integrate with their classmates and receive appropriate instruction. We will update this blog when the final ruling is issued.
Matt Saleh is a lecturer in Cornell University’s Disability Studies program and Co-Director of Cornell’s Criminal Justice and Employment Initiative.