June 2025: 

The MLO Minute: “Supreme Court Holds that Families Need Not Prove Bad Faith or Gross Misjudgment” — 

By Dennis McAndrews, Esq., and Caitlin McAndrews, Esq. — 

On June 12, in A.J.T. v. Osseo Area Schools, the Supreme Court issued a decision of significant importance to students with disabilities. On April 28 we attended the oral argument before the Supreme Court in Washington, which proved to be more animated than usual, and received national attention, as Justice Gorsuch castigated the School District’s lawyer for her caustic argument and her accusations (apparently unsupported) that the parents’ attorney was lying to the Court. This argument was seen by many as outside the bounds of the collegiality expected in Supreme Court arguments and received attention in the national media. https://news.bloomberglaw.com/us-law-week/supreme-court-disabled-student-dispute-turns-unusually-hostile.

This case arose when a Minnesota 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 due to severe, successive seizures each morning. The parents filed for due process, claiming that this refusal to provide supplemental instruction denied the child a Free Appropriate Public Education (FAPE), and the Minnesota federal courts eventually concluded that the child was entitled to the additional instruction and compensatory education. However, 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 sufficiently alleged that the District’s refusal amounted to “bad faith or gross misjudgment,” which was the standard in the Eighth Circuit (but not in most other circuits, including the Third Circuit which governs Pennsylvania and Delaware). The parents successfully sought review by the U.S. Supreme Court.

The Supreme Court’s June 12 unanimous decision found for the parents. https://www.supremecourt.gov/opinions/24pdf/24-249_a86c.pdf.  The Court decided that children with disabilities who bring Section 504 and ADA claims relating to their education do not need to establish bad faith or gross misjudgment. Instead, these claims are subject to the same standards that apply in other disability discrimination contexts, including IDEA, which has almost universally been held by courts to focus solely on whether FAPE has been provided, without consideration of any harmful intent on the part of school officials. The Supreme Court also appeared to assume (but did not specifically address or decide) the general acceptance of the commonly prevailing standards under Section 504 and the ADA that (a) negative intent is not relevant to obtain FAPE or injunctive relief, and (b) “deliberate indifference” is the commonly held standard to secure money damages.

As with many Supreme Court decisions, some questions may remain open (at least theoretically) as to whether some alternative standards are applicable other than the generally prevailing standards set forth above (and which have long been applicable in our Third Circuit jurisdiction) under IDEA, Section 504, and the ADA. We will keep our eyes and ears open for any other major developments!

If you are concerned that your child is struggling in school, we are here to help. We offer free consultations and record review, and most cases are handled on a contingency basis where families do not pay us a retainer or our hourly fees, which we can recoup upon successful completion of the case from the public school or charter school. If your child is struggling or you believe that appropriate services have not been provided, please reach out to us by CLICKING HERE or by calling 610-648-9300.