It isn't unusual for the justices of the United States Supreme Court to disagree about the nuances of a case. Yet, when it is unclear how the justices will ultimately rule in a given matter, those who are likely to be affected by the outcome may understandably feel anxious until a decision is formally announced and published.

Take, for example, the case of A.J.T. v. Osseo Area Schools, which was argued before the Court this spring. Many parents of minor children with special needs are holding their breath until the divided Court resolves this consequential dispute.

If you are concerned that legal developments may impact your child's ability to receive the education that they deserve, don't hesitate to seek clarity. Discuss your child's situation with our Student Defense Team today by calling 888-535-3686 or by contacting the Lento Law Firm online. Allow us to support you and your child with special needs as educational laws continue to evolve.

Why A.J.T. v. Osseo Area Schools Matters

When a K-12 student with special needs is denied what they are owed under the law, their parents may be legally empowered to sue offending educational entities for damages thanks to Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. When the Court agreed to hear A.J.T. v. Osseo Area Schools, it confirmed that it would clarify “Whether (these laws) require children with disabilities to satisfy a uniquely stringent ‘bad faith or gross misjudgment' standard when seeking relief for discrimination relating to their education.” This heightened level of scrutiny stands in contrast to the “deliberate indifference” standard adopted by the majority of appellate courts across the country.

That is a consequential concern on its own. If the Court adopts the higher standard, it will be harder for many children with disabilities to seek justice when they are discriminated against. If the lower standard prevails, it will be easier for many children to exercise their rights. However, the issues that Osseo Area Schools raised during oral argument broadened the scope of the lawsuit as a whole.

The lawyer representing the school district asked the Court to apply this heightened standard not just in educational settings and not just in regards to disabilities, but to all discrimination-related matters nationally. Given that this argument was not made in written briefs submitted to the Court prior to oral argument, the justices seemed universally surprised by this turn of events. Due in part to the expansive nature of the argument and due in part to the way in which it was delivered, it is truly unclear as to how the justices will rule.

Legal Assistance Is Available

Until a decision is handed down, it is unclear what legal standard you'll be required to meet if you allege that your child with special needs has been discriminated against in an educational setting, or – if Osseo Area Schools has its way – any setting at all. Know that the Student Defense Team at the Lento Law Firm is available to help you navigate this uncertainty and to protect your child's rights every step along the way.

You and your child are not alone. Tell us about your concerns today by calling 888-535-3686 or by contacting us online. We look forward to hearing from you.