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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
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
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
You would be forgiven if you can’t keep up with the many changes in the Illinois laws governing education at back-to-school time this year. As if Illinois special educators and administrators don’t have enough to do already,...more
A recent decision from a federal court in Illinois has opened the door to significant debate regarding the use of medical marijuana in a school setting. The Schaumburg, IL School District has been ordered to allow an...more
The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more
The decades-old standard for what constitutes a free appropriate public education for students with disabilities was changed in an opinion issued this week by the U.S. Supreme Court. The Court created a new standard in Endrew...more
When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more