Unanimous Supreme Court Decision in A.J.T. v. Osseo Area Schools Lowers Standard for 504 Discrimination Damages Cases

Unanimous Supreme Court Decision in A.J.T. v. Osseo Area Schools Lowers Standard for 504 Discrimination Damages Cases

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.

 

 

Career Tech Corner: U.S. House of Representatives Pondering Funding Increase for Career Technical Education

Career Tech Corner: U.S. House of Representatives Pondering Funding Increase for Career Technical Education

Two U.S. Representatives, Rep. Glenn Thompson (R-PA) and Rep. Suzanne Bonamici (D-OR), began to circulate a Dear Colleague Letter (the “Letter”) throughout the House of Representatives that urged lawmakers to consider an increase in funding for Career Technical Education (CTE) in the 2026 budget.

According to the Letter, State grants under the Carl D. Perkins Career and Technical Education Act were funded at $1.44 billion in Fiscal Year (FY) 24 and 25. However, the Letter states that, when adjusted for inflation, these numbers are roughly half of the funding made in 1980. This concern comes as there is a growing recognition of CTEs and a high need for more skilled laborers. In fact, the Association for Career & Technical Education (ACTE) projects a deficit of 6.5 million skilled workers by 2030, highlighting the need for growth of CTE programs.

With that, President Trump signed an Order on February 3, 2025, that proclaimed February 2025 as Career and Technical Education Month. As part of that proclamation, President Trump stated, “[m]y Administration will invest in the next generation and expand access to high-quality career and technical education for all Americans. We will unleash the enormous potential of the American people and provide students and workers with the necessary skills training to ensure that our Nation dominates the 21st century.”

What does this mean for your CTC? There is clear recognition for the need for CTEs and the skilled laborer deficits that exist and will continue to grow without CTE growth. The commitment from the federal government to push this recognition further could lead to more students applying to your program. However, at this point, there is no guarantee that additional funding will follow. This also does not mean staffing applications will follow. The increased funding is worth keeping an eye on and potentially finding avenues to advocate for.

 

 

 

SB33 Allows Employers to Post Labor Law Notices Online

SB33 Allows Employers to Post Labor Law Notices Online

Ohio recently passed SB33, which goes into effect on July 21, 2025. This law makes changes to the requirement for employers to post labor law notices and will now allow them to be posted online. Previously, employers were required to post labor law notices in a conspicuous location(s) of employment.

The labor law notices that are required to be posted are the following:

  • Ohio’s Minor Labor Law (excluding the list of minors employed by an employer)
  • Ohio’s Minimum Fair Wage Standards Law (minimum wage and overtime)
  • Ohio’s Civil Rights Law
  • Ohio’s Prevailing Wage Law
  • Ohio’s Workers’ Compensation Law
  • Ohio’s Public Employment Risk Reduction Program Law

The law is clear that the online posting location must be accessible for employees and the public. If the employer chooses to do so, the postings can still be done physically.

What does this mean for your school district? 

Your district may still wish to post the required labor law notices physically in each place of employment if you wish to, but it will no longer be necessary. You can now place them on your school website in a place that is accessible for your employees and the public to see. Please contact your attorney at Ennis Britton if you have any questions or concerns about where and how to post the required notices.

 

 

 

Unanimous Supreme Court Decision in A.J.T. v. Osseo Area Schools Lowers Standard for 504 Discrimination Damages Cases

ODEW Updates Model Policies and Seeks Input on Revised Forms

On April 4, 2025, ODEW re-released its Special Education Model Policies with changes that were adopted with input from school board attorneys such as your team at Ennis Britton and the Ohio Council of School Board Attorneys (“OCSBA”). These changes follow the decision by ODEW to push back the deadline to adopt new policies and procedures to May 30, 2025. We appreciate the seriousness with which ODEW has sought and acted on feedback from stakeholders in refining the Model Policy.

The changes that were made to the Model Policy include removing a sentence that would have added “emerging skills” as a consideration for determining whether a student qualifies for Extended School Year (ESY) services and removing a sentence that said that would have had the effect of prohibiting reasonable cost criteria for Independent Educational Evaluations (IEEs). The latest revisions to the Model Policy bring it into alignment with the applicable law and cases governing Ohio schools.

In addition to revising the Model Policy, ODEW has also drafted revisions to the required and optional special education forms (e.g., IEP, ETR, prior written notice, etc.). The proposed revisions have been posted on the Office for Exceptional Children website, and ODEW is soliciting comments through May 23 using an online survey and through virtual sessions scheduled for April 24, May 6, May 8, and May 13 (registration required). Find the proposed forms, the survey, and virtual session registration here:

Ohio Required and Optional Forms | Ohio Department of Education and Workforce

What Does This Mean for Your District?

 ODEW was responsive to concerns raised by education stakeholders regarding the initial version of the Model Policy. This cooperation between ODEW and public education agencies is commendable and is key to insuring Ohio’s schools appropriately serve their communities and students. As ODEW solicits input on revisions to special education forms it is important for educators to advocate for appropriate revisions that ensure the forms are aligned with the law and support not just compliance, but also the effective operation of school districts.

Educational agencies are still required to adopt the model policies and procedures, or obtain approval from ODEW for alternate policies and procedures, by May 30, 2025. Especially for ESCs and CTCs, the adoption of the new policies and procedures could be interpreted as an expansion of your duties which were outlined in the changes to OAC 3301-51-05 in January.[1]

Some educational agencies may have already adopted and approved the prior version of the model policies and procedures. ODEW has stated that the adoption of the model policies and procedures prior to the update is still sufficient for their requirements. However, the meaningful changes in the revised Model Policy warrant consideration of additional action to adopt the latest revisions. Please contact your attorney at Ennis Britton if you have any questions or concerns regarding the adoption of the model policies and procedures.      

[1] See our article on the changes to OAC 3301-51-05 and the Model Policies and Procedures: https://ennisbritton.com/blog/2025/special-education-update-abrupt-changes-to-ohios-new-procedural-safeguards-rule-leave-educational-agencies-in-a-strange-place

 

 

 

HB 106: Paystub Protection Act To Require Detailed Paystubs

HB 106: Paystub Protection Act To Require Detailed Paystubs

House Bill 106, the Paystub Protection Act, just recently went into effect April 9 and will require that employers provide detailed pay statements to employees on regular paydays. While employers may already be providing pay statements, there is a new level of detail required that may prompt changes for school paystubs and even require future changes in the state payroll system.

The Act requires that you provide each employee with a written or electronic pay statement that includes the employee’s earnings and deductions for each pay period, on the employer’s regular paydays.

This pay statement must also include:
1. The employee’s name;
2. The employee’s address;
3. The employer’s name;
4. The total gross wages earned by the employee during the pay period;
5. The total net wages paid to the employee for the pay period;
6. A listing of the amount and purpose of each addition to or deduction from the wages paid to the employee during the pay period;
7. The date the employee was paid and the pay period covered by that payment; and
8. For an employee who is paid on an hourly basis, all of the following information:

a. The total number of hours the employee worked in that pay period;
b. The hourly wage rate at which the employee was paid; and
c. The employee’s hours worked in excess of 40 hours in one workweek.

The Act gives a 10-day grace period if you fail to provide the pay statement on the employee’s payday. However, if you fail to provide the required paystub for more than 10 days after the employee requests their paystub, the employee may submit a report of the violation to the Ohio Director of Commerce. The Ohio Director of Commerce will investigate and may issue a written notice of violation to the district. Districts must then post the notice of violation for 10 days in a conspicuous place.

What does this mean for your district?

Districts should conduct a review of payroll processes to ensure that paystubs are consistently sent out on the district’s regular paydays, and that paystubs include the necessary details. If they do not, districts may want to review the requirements with your IT department for your billing software. Additionally, districts may need to make changes to how you toll and count employee leave. Contact an attorney at Ennis Britton if you have any questions or concerns about compliance with this Act.

https://search-prod.lis.state.oh.us/api/v2/general_assembly_135/legislation/hb106/05_EN/pdf/