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 part of a broader trend of expanding disability protections in education.
Why It Matters
While the case involved an elementary school district, the decision also resonates in higher education, where the ADA and Section 504 prohibit discrimination against students with disabilities. Although colleges and universities must provide academic adjustments and auxiliary aids, they are not required to offer personal services, such as tutoring or class attendance. Still, institutions must ensure that students are not excluded or disadvantaged because of their disability.
"40% of 2,050 college students said they were “very extremely stressed about maintaining their mental health” while in college."2
In a recent survey conducted by The Steve Fund, 40% of 2,050 college students said they were “very extremely stressed about maintaining their mental health” while in college.2 With more people being diagnosed with anxiety disorders, the request for extended test times, reduced course loads, and service-animal policies may become commonplace. Colleges and universities will need to have proper procedures in place for reviewing these requests in the context of the changing legal landscape.
Last spring, two UCLA students who are wheelchair users filed a suit against UCLA and its Board of Regents. In the case of Bertellotti et al. v. the University of California et al.3, the students alleged that UCLA had failed to address their concerns regarding the current campus emergency evacuation protocol, citing accessibility issues with housing and academic facilities, and the maintenance of campus signage and transportation. One of the students left campus during the Los Angeles wildfires due to anxiety about getting stuck or trapped on campus. This suit reminds colleges and universities of the importance of ensuring physical campus accessibility as part of a student’s academic accommodations. While the case is still pending, it will be one to watch. UCLA will host Paralympians in the 2028 games, and the university will no doubt want to resolve any accessibility issues well ahead of those games.
Importance of Reviewing Insurance Policies
Colleges and universities should have policies and procedures in place to address accommodation requests and make sure those are clearly posted so students know how to seek an accommodation. Additionally, colleges and universities should appropriately train staff and faculty on the same and be prepared to engage in an interactive process with students. Despite best efforts, a college or university may find itself named in a lawsuit for disability discrimination. It is therefore important to know whether that lawsuit may be covered under the school’s Educators Legal Liability (ELL) or Employment Practices (EPL) coverage part before receiving a lawsuit. Insurance carriers treat these claims differently. Some ELL policies may limit coverage to defense costs only for claims involving special education needs of a student. Other carriers may offer sublimited coverage for this type of claim, agreeing to provide coverage up to a certain dollar amount. Some EPL policies will include students in the policy definition of “third party” and provide third-party liability coverage for discrimination based on disability. Regardless of how the policy responds to these types of claims, coverage is not available for expenses incurred in implementing injunctive relief (e.g., constructing a ramp or providing accommodations). However, the associated defense costs are typically covered. Given the recent Supreme Court ruling allowing a lower burden of proof for plaintiffs, these accommodation claims against colleges and universities will likely progress in litigation and survive the dispositive motion stage. If true, more dollars will be spent on defending these cases.
A.J.T. v. Osseo Area Schools, Independent School Dist. No. 279, 605 U.S. __ (2025).
(The Steve Fund, 2024)
Jake Bertellotti and Taylor Carty v. Regents of the University of California; Michael V. Drake, MD; and Julio Frenk, 2:25-CV-03069 (C.D. Cal, filed April 8, 2025).