Ashley Akins and Nemonie Nooks wrote an article for the American School Board Journal about a U.S. Supreme Court decision that recalibrated the legal landscape for students with disabilities and the school districts that serve them.
“In its June decision in A.J.T. v. Osseo Area Schools, the court held that students alleging disability discrimination in public education under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA) are not required to meet a higher bar of proof than plaintiffs in other disability discrimination contexts,” wrote Ashley and Nemonie.
“This landmark ruling eliminates the heightened ‘bad faith or gross misjudgment’ standard that had been applied for decades. The decision is likely to increase the volume and scope of disability discrimination claims that K–12 school districts face,” they said, “making it more important than ever for districts to reassess their compliance strategies under Section 504 and the ADA.”
Subscribers can read the full article here: Supreme Court Changes the Legal Playing Field for Students with Disabilities.
The American School Board Journal is an award winning publication from the National School Boards Association that reaches approximately 90,000 school board members and school administrators.