William J. McPartland

U.S. Supreme Court Clarifies Standard for Disability Discrimination Claims in Education Under Section 504 and ADA

A.J.T., by and through her parents, A.T., et al. v. Osseo Area Schools, Independent School District No. 279, et al., 605 U.S. --- , --- S. Ct. ---, 2025 WL 1657415 (June 12, 2025)

In a ruling clarifying the rights of students with disabilities, the Supreme Court of the United States unanimously held that schoolchildren bringing claims under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act are not required to show “bad faith or gross misjudgment” to recover damages related to educational services. 

This case alleged that a school district refused to provide supplemental instruction during the early evening to a special education student with a rare form of epilepsy that prevented her from attending school until midday. The District Court concluded that the child was entitled to the instruction and compensatory education. In addressing the parents’ suit for money damages under Section 504 and the ADA, the Eighth Circuit Court of Appeals dismissed that claim because the parents had not established that the school district’s refusal amounted to bad faith or gross misjudgment. 

The petitioner, A.J.T., a teenager with a rare form of epilepsy that severely limits her physical and cognitive functioning, suffers from seizures that are so frequent in the mornings that she cannot attend school before noon but is alert and able to learn between noon and 6 p.m. For the first few years of her schooling, A.J.T.’s school district accommodated her condition by providing her with afternoon and evening instruction and allowed her to avoid morning activities. In 2015, A.J.T.’s family moved, and her new school district, Osseo Area Public Schools, denied her parents’ request to provide evening instruction in A.J.T.’s IEP. This denial resulted in A.J.T. only receiving 4.25 hours of instruction per day as compared to the standard 6.5 hours of schooling received by nondisabled students in the district. A.J.T.’s parents filed an IDEA complaint with the Minnesota Department of Education, claiming a denial of FAPE. The administrative law judge ruled that the school district had violated the IDEA and ordered the school district to provide compensatory education and evening instruction. Federal courts affirmed the ruling, upholding the award of compensatory education under the IDEA.

A.J.T. and her parents then sued the school district in the Federal District Court under the ADA and the Rehabilitation Act, requesting a permanent injunction, reimbursement of certain costs and compensatory damages. The District Court granted summary judgment to the school district. The Eighth Circuit affirmed the judgment, holding that a school district’s failure to provide a reasonable accommodation was not enough to state a prima facie case of discrimination as established by prior case law. In addition, the Eighth Circuit upheld a requirement that a plaintiff prove that school officials’ conduct rose to the level of bad faith or gross misjudgment in order to recover damages under either the ADA or the Rehabilitation Act. Certain other courts of appeal have also applied the same heightened standard as the Eighth Circuit, but not all.

In reaching its decision resolving the split, the Supreme Court recognized that, outside of the educational services context, courts only require a “deliberate indifference” standard to obtain compensatory damages under the ADA and the Rehabilitation Act for intentional discrimination. However, the Court noted that the statutory remedial or substantive protections of Title II of the ADA or Section 504 of the Rehabilitation Act suggest that claims based on educational services should be subject to a more demanding standard. The Court further referenced the specific statutory language of the IDEA, which provides that nothing in the IDEA “shall be construed to restrict or limit the rights, procedures, and remedies available under” the ADA, the Rehabilitation Act, or other federal laws protecting disabling children’s rights, noting that a heightened standard of “bad faith or gross misjudgment” is irreconcilable with the unambiguous directive of this section of the IDEA. By imposing a heightened standard, the appeals court limited the ability of disabled schoolchildren to assert their independent rights under the ADA and the Rehabilitation Act, thereby making it more difficult to obtain remedies provided by Congress when it enacted this newer provision of the IDEA. Going forward, claims based on educational services brought pursuant to the ADA and the Rehabilitation Act should be subject to the same standards applied in other disability discrimination contexts. 

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