Legal developments in disability law are reshaping how institutions accommodate students with physical and mental health needs. A recent United States Supreme Court decision has lowered the burden of proof for students alleging discrimination while demanding injunctive or non-monetary relief. This shift reinforces the importance of proactive compliance with the Americans with Disabilities Act (ADA) and Section 504 requirements. This shift should also prompt a robust insurance review to ensure the college or university understands the available coverage should it be named as a defendant in a disability lawsuit.
"This shift should also prompt a robust insurance review to ensure the college or university understands the available coverage should it be named as a defendant in a disability lawsuit."
Background
Last summer, the Supreme Court heard a case seeking clarification on the appropriate burden of proof applicable to students filing lawsuits against schools and school districts1. In the case of A.J.T. v. Osseo Area Schools, a student with epilepsy sued a school district after being denied after-hours instruction, an accommodation she had previously received in a different district. The district claimed the support was too burdensome, but this decision left her with two fewer instructional hours per day than her non-disabled peers.
Court Ruling
The Court rejected the need for students to prove “bad faith or gross misjudgment” when bringing claims under the ADA or Section 504. Instead, the Court ruled it is sufficient to show that the school disregarded a “strong likelihood” that its actions would violate federally protected rights. This ruling lowers the burden for students by aligning students’ rights to adults’ rights under the ADA. This is pa