The Supreme Court recently handed down a ruling that makes it easier for students and families to sue schools in cases of disability discrimination. This decision is a significant victory for disability rights, strengthening the Americans with Disabilities Act and ensuring all students have equal access to quality education.
The central question of the case was about the standard of proof required to prove discrimination by public schools in disability discrimination cases. The ruling makes it easier for students and families to seek damages for disability discrimination, with the chief justice writing that the ADA and Rehabilitation Act “should be subject to the same standards that apply in other disability discrimination contexts,” and not more stringent analyses exclusively for schools.
The case centers around a teenage girl with severe disabilities stemming from epilepsy. She has most of her seizures in the morning hours, so her former school in Kentucky amended her schedule to start in the afternoon and go into the early evening. When she moved from Kentucky to Minnesota, her new school refused to accommodate the schedule needed to accommodate her disability.
The Chief Justice also wrote in the opinion:
“Together, they face daunting challenges on a daily basis. We hold today that those challenges do not include having to satisfy a more stringent standard of proof than other plaintiffs to establish discrimination.”
The skilled team of attorneys at Kennedy Hunt PC are experts in education law and champions for students with disabilities. Our team recently filed a lawsuit against a public school in Missouri, alleging the district discriminated against our client, a minor child, based on disability.
If you or your child needs support with your educational rights, we may be able to help you. Fill out a questionnaire so we can understand your claim.