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| 1 minute read

U.S. Supreme Court Grants Certiorari Regarding Section 504 Monetary Damages Claim

The U.S. Supreme Court’s decision to grant certiorari in A.J.T. v. Osseo Area Schools has significant implications for the future of Section 504 and ADA claims in the context of public education. The case will address a critical issue: whether parents must prove "bad faith" or "gross misjudgment" to recover money damages from a school district for disability discrimination. The 8th U.S. Circuit Court of Appeals ruled that while the district violated the IDEA by failing to provide services outside regular school hours, it was not liable for money damages under Section 504 because the parents did not demonstrate that the district acted in bad faith. This ruling aligns with the stance of several other circuits, requiring a high threshold for parents seeking compensation. However, other circuits, such as the 3rd and 9th, apply a lower standard, only requiring a showing of "deliberate indifference."

The Supreme Court’s decision to weigh in on this issue could create a nationwide standard for how courts handle Section 504 and ADA claims involving money damages, potentially reshaping the landscape of special education litigation. If the Court rejects the bad faith standard, it could drastically alter the way school districts defend themselves, making it easier for parents to secure damages and expanding the scope of financial liability for schools. As school attorneys express concerns over the potential ripple effects on school law practices, the Court’s eventual ruling will undoubtedly influence how districts approach special education disputes and disability claims moving forward. The case could become a game changer, altering both the legal and practical frameworks for school districts across the country.

While the U.S. Supreme Court's docket for the upcoming October 2024 term isn't exactly heavy on special education disputes, there is one case that educators and practitioners should be watching.