Families as Allies is excited to share news from the U.S. Supreme Court that will have a powerful impact on the lives of children with disabilities and their families.
In a 9-0 decision, the Court ruled in favor of protecting the rights of students with disabilities by affirming that families do not have to prove “bad faith or gross misjudgment” by school officials under the Americans with Disabilities Act (ADA). Instead, if families show the school employed “deliberate indifference,” an easier standard that judges use in other ADA cases, families will likely win lawsuits against schools.
This Supreme Court ruling, as described in the Education Law Center’s press release, should result in schools being careful to avoid ignoring—or being “deliberately indifferent” to—their responsibility to educate children despite their disabilities.
The case in question, AJT v. Osseo, involved a young student with a rare form of epilepsy that caused morning seizures, whose school denied him the opportunity to learn later in the day. When her parents filed a lawsuit under the ADA, lower courts denied the family damages, saying they did not show “bad faith or gross misjudgment.” The Supreme Court disagreed, in effect saying that the “deliberate indifference” standard could apply in school contexts.
This decision is a significant step forward for families in Mississippi and across the country. It affirms what many of us have long known: that children with emotional, behavioral, and other disabilities often face barriers when it comes to what systems are willing to handle. Sometimes, the path to justice and support means seeking remedies outside of IDEA, especially when what’s needed is not just educational services but a full and fair opportunity to thrive.
This ruling is significant for families who already struggle to navigate complex systems like schools, hospitals, and mental health providers—systems that don’t always work together or recognize the full scope of a child’s needs.
At Families as Allies, we see this ruling as a huge victory for families. We encourage families to read the Education Law Center’s complete statement about the decision linked here. Please feel free to contact us if you would like support with your child’s disability-related education issues.
Together, we will continue working toward a world where all our children receive the support and opportunities they deserve.
