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Jason Maloni on Schools and Education
Employers are familiar with Americans with Disabilities Act (ADA) provisions that apply to disabled employees or applicants. However, other portions of the law apply similar prohibitions against discrimination by government...more
The Supreme Court recently issued a unanimous decision in A. J. T. v. Osseo Area Schools, Independent School Dist. No. 279 that changes the standard for students pursuing disability discrimination claims against schools under...more
On June 12, 2025, the U.S. Supreme Court unanimously ruled in A.J.T. v. Osseo Area Schools that students bringing Americans with Disabilities Act (ADA) and Rehabilitation Act lawsuits against public schools should not face a...more
Must a student with a disability prove that their school acted in “bad faith” to win a discrimination case? Until now, courts in some parts of the country said yes, requiring disabled students to meet a higher standard than...more
The Supreme Court of the United States issued six decisions today: Parrish v. United States, No. 24-275: This case addresses the procedural requirements for filing a notice of appeal after the original deadline to appeal...more
During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more
The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more
The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more
Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more
On March 21, 2023, the Supreme Court decided Perez v. Sturgis Public Schools, No. 21-887, holding that the Individuals with Disabilities Education Act’s (IDEA) exhaustion requirement, 20 U.S.C. § 1415(l), does not preclude an...more
While the backlog of argued cases pending decision has been growing substantially, the Court rendered only one opinion today, and it was unanimous....more
A dizzying number of laws, executive orders and regulations regarding masks in schools have found their way to our nation’s courts. Some states are requiring students to mask up in schools (e.g., California and New York),...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
At the heart of the fight for disability rights is the belief that equitable access should be granted in all spaces where life exists. The Americans with Disabilities Act put in place a formal mechanism for protecting the...more
When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve itself?...more
Just when private schools were becoming relatively knowledgeable about their obligation to allow a disabled student’s service animal on their premises, they started getting requests from employees to have their emotional...more
School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more
As my colleague Rachel Ginsburg aptly foretold, Connecticut’s Commission on Human Rights and Opportunities [“CHRO”] has indicated an interest in involving itself with discrimination claims concerning the schools. A recent...more
The family of a girl with cerebral palsy may sue her former school district for refusing to allow her service dog as a companion in school, the U.S. Supreme Court has ruled. The Michigan case revolved around whether the...more
In Fry v. Napoleon Community Schools, No. 15-497, 2017 WL 685533 (U.S. Feb. 22, 2017), the United States Supreme Court held that administrative exhaustion under the Individuals with Disabilities Education Act was unnecessary...more
Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II...more
Seyfarth Synopsis: The Supreme Court has clarified IDEA’s exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the “gravamen” of the complaint seeks relief...more
The Supreme Court issued its opinion in Fry v. Napoleon yesterday. The case asked the court to interpret the IDEA provision stating that the Act does not limit the rights or remedies available under the Americans with...more
The Department of Justice (DOJ) announced today that it filed a lawsuit against the Gates-Chili Central School District in New York because it refused to have its teachers help a kindergarten student with epilepsy and other...more