In the unanimous June 12, 2025, Supreme Court decision in A.J.T. v. Osseo Area Schools, the Court eliminates the “bad faith or gross misjudgment” standard, lowering the bar for Section 504 and ADA claims in education. Schools must now meet the same anti-discrimination standards as other public entities, with failures to provide reasonable accommodations potentially constituting unlawful discrimination—even without intent. Administrators should expect increased litigation, especially in key federal circuits, and must immediately retrain staff, document decisions carefully, and ensure robust implementation of 504 plans. Given the legal uncertainty around damages standards, districts should monitor future rulings closely and proactively strengthen compliance efforts.

For guidance on how to write a Section 504 plan, please see this document: https://www.psea.org/contentassets/ac6695903bd94d27aa14e85c3a12d90e/504-accommodations-guide.pdf  

Top Tips

1. Expect a Surge in 504/ADA Litigation Districts—especially those in the 2nd, 4th, 5th, 6th, and 8th Circuits—should anticipate more lawsuits under Section 504 and ADA, given the lowered bar for establishing a prima facie case.

2. Be Proactive About Accommodations Review and, if needed, revise practices to ensure all accommodations in 504 plans are meaningful, not just performative. Failing to adapt instruction, schedules, or access based on a student’s disability can now lead to a lawsuit without needing to prove intent.

3. Document and Justify All Accommodation Decisions With the lowered threshold for proving discrimination, lack of documentation or vague rationale (like “administrative convenience”) can expose districts to liability. Be explicit about how each decision aligns with the student’s needs. 

4. Review and Train Staff on 504 Plan Implementation All staff involved in implementing 504 accommodations (general and special education teachers, nurses, paras, counselors) should be retrained immediately. Ensure that the intent, content, and follow-through of accommodations are evidence-based and student-centered. 

5. Be Cautious with Denials or Limitations on Services Decisions to deny requested services (e.g., extended school hours, homebound instruction) must be based on individualized student data and functional need, not budget, staffing, or scheduling concerns. 

6. Drop the “Bad Faith or Gross Misjudgment” Standard School districts can no longer require plaintiffs to prove bad faith or gross misjudgment to bring a viable Section 504 or ADA claim related to education. This standard is now officially dead. Administrators must retrain legal and compliance staff accordingly.

7. Apply the Same Legal Standard as in Other ADA/504 Contexts The Court ruled that disability discrimination in education under Section 504 and ADA is subject to the same standards used in other areas—meaning schools are not entitled to special legal deference for educational decisions. 

8. Recognize That Denial of Reasonable Accommodations Can Be Discrimination A failure to provide reasonable accommodations—even if not malicious or intentional—can now support a finding of discrimination under Section 504 and the ADA. 

9. Understand the Two-Tiered Standard Still Applies (For Now) Though not addressed directly in the decision, most courts still follow this framework: Injunctive Relief: No intent required Monetary Damages: Requires showing of deliberate indifference (i.e., the district knew there was a substantial risk of violating rights and did nothing).

10. Anticipate Future Litigation Over Standards The Court intentionally sidestepped resolving whether deliberate indifference is always required for damages or whether intent matters at all for injunctive relief. This leaves room for more lawsuits and appeals testing those boundaries. Districts should monitor ongoing case law and consider consulting legal counsel for high-risk cases.