In A.J.T. v. Osseo Area Schools, the U.S. Supreme Court unanimously ruled that K-12 students with disabilities do not need to prove a school acted on purpose to discriminate against them. Instead, schools can now be held responsible if they knew a student needed help and didn’t act, a standard called deliberate indifference.
What This Means for Virginia School Boards
This decision has major implications for school board policy and legal responsibility in Virginia. From now on, it’s not enough for a school to say it didn’t mean to discriminate, if a district ignores or delays needed accommodations, it could still be violating federal law.
Key Takeaways:
Same Legal Standard for All
Students with disabilities must be treated like all other people protected under the ADA. Virginia school divisions must ensure they respond to accommodation requests with care and not just good intentions.
Update Policies and Practices
Boards should carefully review how their schools handle ADA and Section 504 requests, especially unique needs like flexible school hours or special transportation. Staff convenience or scheduling should never outweigh a student’s right to learn.
Don’t Rely on Weak Excuses
In the case, the school district was criticized for putting employee schedules above the student’s health needs. Virginia school boards must ensure all decisions are backed by real educational or legal reasons, not just what’s easiest for staff.
Higher Risk of Lawsuits
Because this decision lowers the burden of proof for families, more parents may now be able to sue if schools don’t follow the law. Boards should review how well their schools are complying, especially in areas like scheduling and classroom access.
Stay Informed on Federal Changes
This ruling comes as some states try to scale back disability protections. But unless federal courts change the law, Virginia school boards should continue to follow current ADA and Section 504 rules.
Bottom Line:
Virginia school divisions should review their policies, train staff, and make sure accommodation requests are taken seriously. It’s no longer just about avoiding bad intent, it’s about making sure students with disabilities get the help they need.
This is for informational purposes only and should not be considered legal guidance.
© SBMA 2025