On June 12, 2025, the Supreme Court issued a decision in the case of A.J.T. v. Osseo Area Schools regarding the standard of proof for Section 504 discrimination lawsuits for damages filed against school districts.
In this case, the student is a teenage girl who suffers from serious disabilities caused by a rare form of epilepsy. She has many seizures, mostly in the morning hours. As an accommodation, her previous public school in Kentucky arranged her schedule to be in the afternoon only, including a teacher who gave her instruction at home in the early evening. However, her new school in Minnesota refused to accommodate her late-day schedule, meaning she was receiving only two-thirds of the instructional time in school compared to other students.
The Eighth Circuit Court of Appeals rejected the parents’ claims for damages as they failed to prove that the school district acted in “bad faith” or with “gross misjudgment,” which is the standard multiple circuit courts apply to these cases – including Ohio’s Sixth Circuit Court of Appeals. However, the United States Supreme Court overruled this decision and determined that the lower courts were using a heightened standard that was not intended by Congress.
The Court did not provide a specific new standard, and different judges proposed (via concurring opinions) different potential standards. However, the decision did allude at multiple points to the standard that is typically followed for 504 and ADA disability discrimination in other contexts. In those cases, the standard for monetary damages is “deliberate indifference.” Justices Thomas and Cavanaugh issued a concurring opinion that discussed applying a heightened, intent-based standard. Justices Sotomayor and Jackson issued an opposite concurring opinion that discussed applying a no-intent standard for both forms of relief.
The Court further refused to determine if its decision applies across the board, meaning to lawsuits seeking specific relief other than monetary damages, i.e. making the school provide certain accommodations. We will have to wait for future litigation to clarify these remaining open questions.
What does this mean for your school district?
It is possible that this case will bring more awareness to parents that lawsuits for monetary damages can be filed for failure to accommodate under 504 and that parents now have a lower standard to meet in these cases. While we do not know the exact standard any court will apply, if your district is facing one of these lawsuits or is concerned that such a lawsuit may arise, parents will have an easier case to prove than under the previous standard.
If you have any specific questions concerning the Court’s decision and its impact on your school district, please contact an Ennis Britton attorney.