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Showing posts with label AJT v. Osseo Area Schools. Show all posts
Showing posts with label AJT v. Osseo Area Schools. Show all posts

Wednesday, June 18, 2025

SCOTUS Eliminates Bad Faith / Gross Misjudgment Standard for Education Disability Discrimination Claims

In a unanimous decision, in AJT v. Osseo Area Schools, Independent School District No. 279, SCOTUS clarified that Plaintiffs advancing discrimination claims under the ADA and 504 need not allege or prove that the school acted in bad faith or with a gross misjudgment when it denied a reasonable accommodation request in education. 


This case gets it right, but what's interesting is the sideshow of the dispute between the concurring opinions of Thomas and Sotomayor as to whether a failure-to-accommodate always requires proof of intent to discriminate regardless that the statute is silent on that issue. Until that issue is resolved, Plaintiff's counsel would be well served in alleging discriminatory animus in their pleadings and in the heart of their case.