A. J. T. vs. Osseo Area Schools: Unanimous U.S. Supreme Court Decision Strengthened Educational Rights for Children with Disabilities

For many children with disabilities, accessing education means navigating legal and practical barriers—and sometimes, standing up to protect their rights. Schools and parents can often work together to successfully implement accommodations to support student learning. Sometimes, however, schools and parents disagree about the appropriate supports needed for a child. In these moments, clarity of law is important for families and school districts alike.

This is why the U.S. Supreme Court’s recent unanimous decision in A. J. T. vs. Osseo Area Schools is so impactful for students with disabilities. It reaffirms students’ protections under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act—and offers much-needed clarity on how school districts should address accommodations requests. Importantly, A. J. T. provides new guidance about the standard of review school districts should follow when considering accommodations for students with disabilities in schools.

Before diving into this landmark decision, let’s look back at how far we’ve come.

Our Not-So-Distant Past: Children with Disabilities Could Be Denied Education

Just sixty years ago, before education-rights laws were enacted by Congress, children with disabilities in the United States were mostly excluded from public education. While some students with disabilities were placed in segregated classrooms with inadequate resources and support, many children were institutionalized. Students with disabilities did not have a legal right to go to school like their nondisabled peers.

It wasn’t until the 1970s that Congress passed the first in a series of groundbreaking civil rights laws to right these wrongs. The laws were written to create foundational protections/rights of individuals with disabilities, prevent discrimination, and ensure that people with disabilities gain equal access to education, employment, and public accommodations (e.g., in privately-owned businesses or organizations).

When writing these laws, lawmakers understood the key concept that disability discrimination does not always come from outright hostility. It also sometimes results from indifference, thoughtlessness, or failure to consider the needs of people living with disabilities.

The Big Three Federal Protections for Students with Disabilities

These three laws have significantly improved the lives of people with disabilities, opening doors to education and better lifelong outcomes for vulnerable youth.

  1. Section 504 of the Rehabilitation Act of 1973 (Section 504)

Passed in 1973, Section 504 was the first civil rights law in the United States to address discrimination against individuals with disabilities. It was modeled after the nondiscrimination provisions of Title VI of the Civil Rights Act of 1964 (prohibiting racial discrimination) and Title IX of the Education Amendments of 1972 (prohibiting sex discrimination). Section 504 ensures that people with disabilities have access to opportunities and services comparable to people without disabilities in any program receiving federal funding—including public schools, which operate with local, state, and federal funding. See CLC’s handout about 504 Plans here.

  1. Individuals with Disabilities Education Act (IDEA)

Passed in 1975, IDEA guarantees “free and appropriate public education” (FAPE) for children with disabilities. This law requires public schools in every state to provide special education and related services to eligible students, ages 3-21, to prepare them for success in further education, employment, and independent living. Under IDEA, a student’s individualized education program (IEP) sets parameters for accommodations to support their educational success. About 7.5 million children receive services under IDEA, accounting for 15% of all students in the U.S. Most students with IEPs attend public schools, as private schools do not face the same obligation to provide FAPE. See CLC’s handouts about IEP Plans: IEP Guide and IEP/ARC Meeting Guide.

  1. Title II of the Americans with Disabilities Act (ADA)

The ADA is a landmark federal civils right law passed in 1990. It prohibits discrimination on the basis of disability in employment, public services, public accommodations, and telecommunications. The ADA applies to state and local government services, as well as to businesses, organizations, or facilities that are open to the general public. Title II of the ADA requires that school buildings, programs, and activities be accessible to students with disabilities—and that students receive reasonable accommodations to ensure equal access to education.

The People Impacted: Our Kids, Our Neighbors, and Our Communities

Today, over 70 million people (equivalent to 1 in 4 adults) in the United States reported having a disability. About 1 in 6 children have a developmental disability. According to the National Survey of Children’s Health, about 20% of children under 18 years old have a special health care need (SHCN), or increased risk for a chronic physical, developmental, behavioral, or emotional condition—which require specialized health and related services beyond what is typically needed. Learn more here.

Crucial Impact of the U.S. Supreme Court Decision in A. J. T. vs. Osseo Area Schools

In A. J. T. vs. Osseo Area Schools, parents of a student with a disability filed a lawsuit against their school district, arguing that the school district failed to provide reasonable accommodations for their daughter to learn. They claimed this violated Title II of the ADA and Section 504 of the Rehabilitation Act.

The school district pushed back, saying that the family could not prove the district’s “bad faith” or “gross misjudgment,” and thus, no violation occurred.

In turn, the parents argued that this was an incorrect and unreasonably-high threshold—as discriminatory outcomes against students with disabilities often not from intentional ill will or hostility, but simply from indifference or thoughtlessness. Moreover, in other disability discrimination contexts/cases (outside of educational settings), there is a different, more-appropriate threshold called “deliberate indifference.” A heightened legal standard for a students’ disability-discrimination claims, requiring proof of “bad faith” or ‘gross misjudgment” by the district, would make it incredibly difficult to enforce the rights Congress created—not only for their daughter, but from millions of students with disabilities across the nation.

The United States Supreme Court agreed: families of students with disabilities should not have to prove “bad faith” or “gross misjudgment” to win a discrimination case. Instead, the same standard used in most disability rights cases—“deliberate indifference”—applies. With this decision, it is enough to show that a school knew there was a serious risk of violating a student’s rights and did nothing.

Chief Justice Roberts wrote the opinion of the Court, stating that “(o)utside the educational services context, courts of appeals per­mit plaintiffs to establish violations and obtain injunctive relief under the ADA and Rehabilitation Act without proving intent to discrimi­nate. To obtain compensatory damages, courts generally require a showing of intentional discrimination, which most circuits find satis­fied by “deliberate indifference”—a standard requiring only a showing that the defendant disregarded a strong likelihood that the challenged action would violate federally protected rights.”

In a powerful statement, Chief Justice Roberts also acknowledged the real-life impact of this ruling. Students with special educational needs and their parents “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 under Title II of the ADA and Section 504 of the Rehabilitation Act.”

The Supreme Court’s decision in A. J. T. establishes a clear, uniform standard across the country—one that strengthens access to education for students with disabilities. Courts can no longer apply the harsher “gross misjudgment” standard, that has been used in several U.S. Circuit Courts of Appeals over the last 40 years.

The case will now go back to the lower court to be considered under the clarified standards established by the U.S. Supreme Court.

Why This Matters

Congress writes laws to represent the will of the people, and the Supreme Court interprets these laws. Over the last 52 years, three major laws—ADA, Section 504, and IDEA—have reflected our country’s desire to protect the educational rights of youth with disabilities. The Supreme Court’s unanimous decision in A. J. T. vs. Osseo Area Schools is a significant benchmark clarifying these laws and protections for families and students living with disabilities. It reminds us why laws like the ADA, Section 504, and IDEA exist in the first place—to give practical, usable tools for students to protect their right to learn.

At Children’s Law Center, we believe that every child has the right to learn and thrive in school. In fact, among CLC’s 3 Core Principles, the first is: “All children are entitled to obtain a free and appropriate public education. CLC strives to ensure access to education and promotes appropriate developmental, social, behavioral and academic supports.”

To learn more about CLC and the work we do, please visit www.childrenslawky.org.

  • Author: Sara Bitter

    Sara Bitter joined Children’s Law Center as a staff attorney in September 2024. Sara has a Bachelor of Arts in Political Science from the University of Cincinnati and a Juris Doctor from Case Western Reserve University School of Law. She is also a Law Trainee Graduate of the Leadership Education in Neurodevelopmental Disabilities (LEND) Program at Cincinnati Children’s Hospital.

    Sara has worked at Cincinnati Children’s Hospital and the University of Cincinnati University Center for Excellence in Developmental Disabilities (UCCEDD) where she worked on statewide policies and programs in Ohio in the areas of employment, community integration, and peer support for families of children and adults living with developmental disabilities, special health care and mental health needs. Previously, Sara was the Co-Chair for the 2015 Cincinnati ReelAbilities Film Festival and Chair of the Education Outreach Committee.

    Sara has been an active volunteer and served on numerous boards, including Disability Rights Ohio, Ohio's Protection and Advocacy (P&A) system, and Client Assistance Program (CAP) for people with disabilities. Sara currently serves as the President of the Board of Education in the Sycamore Community School District. Sara is married with two children and loves traveling and hiking.

    Editors: Nick Caprino, Sasha Naiman

    Nick Caprino joined the Children’s Law Center as a staff attorney in 2022 and was promoted to Deputy Director in 2024. Nick is working on the Crime Victim Project as well as education-access cases.

    Nick graduated from the University Of Notre Dame in 2009 and served with AmeriCorps for one year. Nick graduated from the University Of Cincinnati College Of Law in 2013. From 2013 to 2022, Nick practiced law as a public defender in the Covington, Kentucky, Trial office of the Department of Public Advocacy. Nick is married with two children and loves movies and running long distances.

    Sasha Naiman joined the Children’s Law Center in October 2021. As a public-interest attorney and policy advocate, Sasha has deep experience serving vulnerable people in our region. She is especially passionate about providing legal representation, community education, and policy reform for youth in Ohio and Kentucky. Before joining the Children’s Law Center, Sasha was the Deputy Director of the Ohio Justice & Policy Center, where she worked for a decade, represented people in the criminal-legal system, and led organizational operations and strategies.

    Sasha has been a member of multiple community and nonprofit Boards in Greater Cincinnati. She received her J.D. from Washington University in St. Louis and her B.A., magna cum laude, in English and Political Science from Boston University. During law school, Sasha worked for the St. Louis Equal Housing Opportunities Council, the Juvenile Rights and Reentry Clinic, and the U.S. Department of Justice’s Access to Justice Initiative (in Washington, D.C).

Where Passion Meets Advocacy: Inside the Children's Law Center

In an old brick building on Russell Street in Covington, KY, you will find a group of people who love what they do.

Whether they are fighting to protect children’s rights or to uplift their voices in large-scale policy advocacy, every person at the Children's Law Center (CLC) has a passion for helping our nation's most vulnerable. CLC is a unique firm that specializes in working with children and recognizing young people’s unique risk factors.

When it comes to children, every detail matters. Each attorney is adamant about utilizing trauma-informed practices to ease the stress of legal processes. Every child represented by CLC can know that they will have someone by their side who will listen to them, explain the process to them, and do everything possible to fight for their health, safety, and happiness.

As a 1L student interested in working with children, applying for a summer internship at CLC was one of the best decisions I could have made. Although I initially expected to only be here for two months, my summer internship expanded into almost a whole year of experience. Now, as a rising 3L law student, I can clearly outline three of the most important values of this firm:

Protection

CLC has a passion for protecting children who cannot advocate for themselves.  Whether it is a case involving educational barriers or serious abuse, attorneys here utilize individual legal advocacy to give children a voice in a multitude of legal proceedings. CLC staff are specialists in their field who  understand and appreciate the sensitive nature of the cases that they see. The attorneys here see children at what is often their lowest point, and they do what they can to help all clients feel comfortable, safe, and supported.

The legal system is often incredibly stressful, especially for children. Frequently, CLC’s young clients are upset, scared, and confused. CLC attorneys have age-appropriate conversations with clients to make sure they understand everything that has happened, is happening, and will happen in their case. Attorneys also utilize trauma-informed practices to learn about each child's individual needs and ensure that no aspect of a child’s situation is overlooked. Additionally, this office believes that no child should lack access to vital legal services due to finances—and represents its clients for free. Overall, CLC works to protect children from individual and systemic harms.  

Preparation for the Next Generation

The staff at CLC truly do all they can to prepare interns for the legal field. Law students are seen not just as interns, but as future attorneys. Regardless of how experienced you are with the court system, CLC is just as invested in your experience, education, and overall future as you are. I was able to gain hands-on experience in several areas through research, drafting, and personal involvement in cases. CLC ensured that each of us had opportunity to get involved with work we were interested in by allowing us to request projects in desired fields. CLC attorneys gave feedback on all the work we did and truly made us feel like our input mattered, so we each felt like an actual member of the team. 

CLC goes beyond just giving interns research and work. Aside from research and drafting experience, staff made it a priority to prepare students for practice by teaching them crucial skills and information. The staff regularly exposed students to educational opportunities and connections with local legal networks. As an intern, I met with countless local professionals and visited correctional centers to learn about prevalent issues in the community. I was also able to learn about proper ways to handle cases with children, such as methods of communication, how to recognize signs of abuse, and trauma-informed representation. I quickly found myself enjoying every day at CLC and becoming more interested in whatever project I would take on next. The attorneys at CLC do all they can to prepare students like me for our futures.

Persistence

CLC persists in the name of helping children and recognizes that solving the problem does not stop with individual advocacy. This office attacks the issues that children face with a multi-angle approach. The CLC encourages continuous learning and recognizes that awareness is the first step to making a widespread, lasting change. Staff here coordinate various educational events on local and regional levels to inform attendees about issues in various legal systems that affect our children—and  what each of us can do to help.

CLC’s services also do not stop when a child turns 18. Attorneys coordinate with local organizations, such as Lighthouse Youth & Family Services, to provide legal service to young people, age 18-25, who need legal barriers removed to promote health, safety, and success. In addition, CLC attorneys address the need for policy reform in correctional facilities, so that those incarcerated receive proper, humane, rehabilitative treatment. Overall, CLC is incredibly persistent in achieving justice for children at all angles—and it is a perfect example that a firm does not have to be big to effect massive change.  


Here at CLC, attorneys are more than just legal counsel for clients; they are friends, educators, and advocates. Attorneys make it a priority to give every case their all and make every client feel heard. CLC’s staff maintain a welcoming environment to comfort clients that need it. Beyond individual advocacy, CLC brings awareness to important issues and calls for all of us to do better for our kids. For law students, CLC provides education and mentors to help us in our legal journeys. My time at CLC has improved my skills, experience, and understanding of the issues within the field. I truly believe that I will be a better attorney because of this experience. Thank you, CLC, for being more than a law firm—but a family that welcomes clients, students, and community with open arms.


This article was written by Olivia Graas. Olivia joined Children's Law Center as a summer intern in May of 2024. Olivia has a Bachelor's of Science in Criminal Justice from Eastern Kentucky University. Currently, Olivia is completing her second year of law school at Chase College of Law. 

Before interning at CLC, Olivia worked as a legal assistant at the Garrard County Attorney's Office in Lancaster, KY. It was there that she developed her passion for helping children in need. Olivia is interested in addressing the policies and practices used by media and tech companies that harm our nation's youth.  

Education Without Barriers: Why the Federal Government Matters for Every Child’s Education Access

Every child should have access to quality education—including additional supports for children with disabilities, who often face unique learning barriers. Education can empower children to reach their goals and create positive impacts in their communities. While most aspects of our education system are regulated at state and local levels, the federal government plays a key role in promoting fair, quality education, especially for the most vulnerable children.  

Protecting Education Access for Children with Disabilities

Education rights/protections for children with disabilities exist in America thanks to the creation of particular federal laws and federal systems. In the 1970s, Congress passed the first version of the Individuals with Disabilities Act (IDEA), mandating equal access to free and appropriate public education (FAPE) for students with disabilities, ages 3 to 21. Before IDEA, many schools prohibited children with disabilities from receiving mainstream education or placed them in institutional facilities that stunted, if not erased, children’s potential for learning and development. By granting the right of education to all children, IDEA aimed to end widespread exclusion of children with disabilities from public education.

IDEA has since evolved as part of a robust legal framework that protects the educational rights of children with disabilities. This framework helps parents, teachers, administrators, and students collaboratively ensure that children stay in school and participate in school-based activities like their non-disabled peers.

The U.S. Department of Education (DOE) is responsible for implementing, supporting, overseeing, and enforcing the requirements of IDEA and other federal laws that promote equal access to education (like Section 504 of the Americans with Disabilities Act). Several examples of the DOE’s vital protections and services are listed below:

  • Distributing Congressionally-allocated funding to help public schools comply with IDEA requirements, including funds that are necessary to fulfill students’ Individualized Education Plans (IEPs). Many schools, especially in rural or under-resourced communities, cannot meet students’ needs and IDEA requirements without the backing of IDEA-related funds.

  • Investigating and resolving possible school violations of disability protection laws. When parents believe a school is not appropriately identifying or serving their child with a disability, they can use the DOE’s collaboration and dispute resolution processes to advocate for equal education for their children. DOE’s Office of Civil Rights can act as a neutral fact-finder and facilitate voluntary negotiations to resolve concerns, saving families and school systems the costs/time of federal lawsuits.

  • Ensuring that special education teachers are “highly qualified” in accordance with IDEA and other federal/state laws. DOE ensures that special education teachers have appropriate skills, training, and certifications to meet the unique instructional needs of students with disabilities.

  • Collecting data, supporting research, and promoting/conducting training about the unique opportunities and challenges that children with disabilities have in school. This data contributes to the development of innovative techniques that help schools and educators serve children from preschool to college.

  • Overseeing grant programs, distributing federal funds, and otherwise supporting services that help students with disabilities earn high school diplomas, attend transition internship programs, and get accepted to colleges and universities to further their education.

We must proudly build on the strides our nation has made since the 1970s, and we must never backtrack education access for children with disabilities. The essential rights created by our Congress, which drastically improved opportunities for students with disabilities, must always be supported.

Advancing Education Quality through Research, Information Sharing, and Coordination

The federal government plays an important role in advancing PK-12 and collegiate education quality—through research, data collection, information sharing, training, and coordination of nationwide programs. All of the following federal policies and activities flow through the DOE for the benefit of families nationwide:

  • Collecting, analyzing, and disseminating data—identifying trends, best practices, proven teaching techniques, and innovations (such as artificial intelligence for education) that help schools and learners adapt to changing societal, educational, and technological landscapes. DOE disseminates this information to Congress, school districts, and the public.

  • Providing collaborative platforms for states, local school boards, public and private educational institutions, research institutions, community organizations, and families to improve education.

  • Coordinating research, information sharing, and programs across the country, to allow states and schools to keep their commitment to continuous improvement.

  • Providing educational resources for parents, students, and families to improve education, from birth through high school and beyond.

Protecting Education Access in Low-Income Communities

Title I funding, which is appropriated by Congress and, then, allocated and distributed through the DOE, ensures that economically-disadvantaged children receive a quality education. Title I provides financial assistance to schools based on their numbers of low-income students—giving schools the resources required to provide quality education in low-income communities, and to meet the requirements for students with disabilities IDEA. Over 60% of American U.S. schools qualify for and rely on these funds.

Additionally, to ensure accountability of federally-funded education programs, DOE has a collaborative process (working with federal, state, and local education officials) to resolve audit issues, that were previously often subject to lengthy—and costly—legal battles.~    ~    ~

Why does this matter?

Education is shaped by federal, state, and local policies, but some protections—such as IDEA and Title I—exist only at the federal level. Currently, the DOE is central to enforcing educational rights and ensuring every child’s access to quality education. Schools nationwide rely on the funding, data, and resources provided through the DOE. To ensure America’s kids get the best education possible, these protections and services should not be undermined.

The Children’s Law Center (CLC) helps families advocate for their children’s right to an education—and achieving this goal would be impossible without the federal systems that enforce and promote these rights. Based on CLC’s 36-years of experience serving youth, we know the value of robust education access, enforcement of educational rights, and provision of high-quality information and resources to schools and communities. We also know that the federal system consistently helps states and school districts nationwide to determine and implement the best educational methods, standards, and interventions that support each child’s success. CLC will continue to zealously fight for all children’s legal rights to high-quality education.

For more information about DOE’s role, go to An Overview of the U.S. Department of Education: How Does ED Serve Students? | U.S. Department of Education. For more on CLC’s service to children, visit our website: Children's Law Center, KY.

 
  • This post was written by Nick Caprino, CLC Deputy Director; Sara Bitter, CLC Attorney; and Sasha Naiman, CLC Executive Director.

    Nick Caprino joined the Children’s Law Center as a staff attorney in 2022 and was promoted to Deputy Director in 2024. Nick is working on the Crime Victim Project as well as education-access cases.

    Nick graduated from the University Of Notre Dame in 2009 and served with AmeriCorps for one year. Nick graduated from the University Of Cincinnati College Of Law in 2013. From 2013 to 2022, Nick practiced law as a public defender in the Covington, Kentucky, Trial office of the Department of Public Advocacy. Nick is married with two children and loves movies and running long distances.

    Sara Bitter joined Children’s Law Center as a staff attorney in September 2024. Sara has a Bachelor of Arts in Political Science from the University of Cincinnati and a Juris Doctor from Case Western Reserve University School of Law. She is also a Law Trainee Graduate of the Leadership Education in Neurodevelopmental Disabilities (LEND) Program at Cincinnati Children’s Hospital.

    Sara has worked at Cincinnati Children’s Hospital and the University of Cincinnati University Center for Excellence in Developmental Disabilities (UCCEDD) where she worked on statewide policies and programs in Ohio in the areas of employment, community integration, and peer support for families of children and adults living with developmental disabilities, special health care and mental health needs. Previously, Sara was the Co-Chair for the 2015 Cincinnati ReelAbilities Film Festival and Chair of the Education Outreach Committee.

    Sara has been an active volunteer and served on numerous boards, including Disability Rights Ohio, Ohio's Protection and Advocacy (P&A) system, and Client Assistance Program (CAP) for people with disabilities. Sara currently serves as the President of the Board of Education in the Sycamore Community School District. Sara is married with two children and loves traveling and hiking.

    Sasha Naiman joined the Children’s Law Center in October 2021. As a public-interest attorney and policy advocate, Sasha has deep experience serving vulnerable people in our region. She is especially passionate about providing legal representation, community education, and policy reform for youth in Ohio and Kentucky. Before joining the Children’s Law Center, Sasha was the Deputy Director of the Ohio Justice & Policy Center, where she worked for a decade, represented people in the criminal-legal system, and led organizational operations and strategies.

    Sasha has been a member of multiple community and nonprofit Boards in Greater Cincinnati. She received her J.D. from Washington University in St. Louis and her B.A., magna cum laude, in English and Political Science from Boston University. During law school, Sasha worked for the St. Louis Equal Housing Opportunities Council, the Juvenile Rights and Reentry Clinic, and the U.S. Department of Justice’s Access to Justice Initiative (in Washington, D.C).