Supreme Court Ruling Lowers Bar For Attorney Fees In School Disability Cases

How A Supreme Court Ruling Could Affect Attorney Payments In School Disability Cases

A recent U.S. Supreme Court decision could make it easier for families of children with disabilities to win lawsuits and get their attorneys paid when public schools fail to meet their legal responsibilities.

The Case: A.J.T. V. Osseo Area Schools

A.J.T. is a teenage girl who has a rare form of epilepsy. Her condition causes frequent seizures, especially in the mornings, making it impossible for her to attend school before noon. Despite her ability to learn in the afternoons and evenings, her school district in Minnesota refused to provide evening instruction as part of her individualized education plan (IEP).

After years of reduced instruction and denied accommodations, her family sued under the Individuals with Disabilities Education Act (IDEA) a law that guarantees students with disabilities a “free appropriate public education.” They won, and the court ordered the school to provide evening instruction and compensatory education.

But the family didn’t stop there. They also sued under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, which are broader anti-discrimination laws. They wanted compensation and reimbursement for legal costs essentially, damages and attorney fees.

The Legal Issue: Proving Discrimination

Lower courts had ruled against the family, saying they had to prove that the school acted with “bad faith” or “gross misjudgment” a much tougher standard than usual in discrimination cases. This meant that even though the school violated the law, the family couldn’t get damages or attorney fees unless they proved the school was intentionally or recklessly harming their child’s rights.

The Supreme Court disagreed.

The Supreme Court’s Decision

The Court ruled that students with disabilities do not have to meet a tougher standard when suing schools under the ADA or Rehabilitation Act than plaintiffs in other types of disability discrimination cases. Instead, families only need to show that schools acted with “deliberate indifference” which means the school knew it was likely violating a student’s rights and did nothing.

Why This Matters For Attorney Payments

This ruling is significant for attorneys representing families in special education cases:

• It lowers the burden of proof in many cases, making it easier to win under the ADA and Section 504.
• Winning these cases can lead to reimbursement for legal fees, increasing the likelihood that attorneys will get paid for their work.
• It expands access to justice for families who may not be able to afford a lawyer, because now attorneys can have their fees paid by the school districts upon a successful resolution of the case.

Bottom Line

Thanks to this Supreme Court decision, families with disabled children no longer have to prove that a school acted in Bad Faith or Gross Misjudgment to get justice and more families and disabled students will have access to experienced attorneys who can fight these cases on their behalf thanks to the provision that requires school districts to pay for their attorneys fees upon prevailing on a much more reasonable standard.  This allows more families to obtain justice through the courts when schools deny legally required accommodations to students with disabilities.

Contact Attorney Michael Barber today

If you are a student with disabilities, or are the parent of a student with disabilities, and you feel as if your school has not provided you with all of the accommodations you are legally entitled to, please call the Law Office of Michael D. Barber for a free consultation.