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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
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
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
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 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