On June 12, 2025, the U.S. Supreme Court issued its decision in A.J.T. v. Osseo Area Schools, Independent School Dist. No. 279. In the unanimous opinion written by Chief Justice Roberts, students with disabilities no longer have to meet a higher legal standard under the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 compared to disability cases outside the educational setting.
In Osseo, the Court of Appeals for the Eight Circuit (which does not have jurisdiction over Illinois schools) and several other appellate circuit courts have held that when students sought relief for discrimination related to their education under the ADA and the Rehabilitation Act of 1973, a higher standard applied. The student had to show that the school acted in “bad faith or gross misjudgment.” However, in several other appellate circuit courts, a lower standard applied in disability discrimination cases: the student had to show that the school acted with “deliberate indifference.” That is the same standard that applies in non-education disability discrimination cases, as well as for Title IX claims.
The Court held that the lower standard—deliberate indifference—applies for claims of disability discrimination in schools under the ADA and the Rehabilitation Act of 1973. From the written opinion: “Schoolchildren bringing ADA and Rehabilitation Act claims related to their education are not required to make a heightened showing of ‘bad faith or gross misjudgment’ but instead are subject to the same standards that apply in other disability discrimination contexts.”
The decision also reaffirms that schools should carefully consider litigating against sympathetic plaintiffs. Here, the student has a rare form of epilepsy that severely limited her physical and cognitive functioning, and she suffered from seizures so frequently in the morning that she could not attend school before noon, but was alert and could attend school between noon and 6:00 pm. The student’s previous school district accommodated this and arranged her instruction around this window of time, but when her family moved to Minnesota, the Osseo School District refused. The parents prevailed in their IDEA claims against the District and sought monetary damages (not available under IDEA) under Section 504. The lower courts ruled for the school district based on the higher standard for disability discrimination, and the parents appealed to the U.S. Supreme Court, seeking application of the lower “deliberate indifference” standard.
Osseo materially increases school districts’ litigation risk. At least two recent Illinois trial court decisions indicate that parents are able to meet the “deliberate indifference” standard in special education disputes. We are continuing to review and unpack the Court’s decision and its impact on school districts in Illinois. Please contact any attorney in our Students/Special Ed Practice Group with your questions.
