Latest news with #IndividualsWithDisabilitiesEducationAct


CNN
12-06-2025
- Politics
- CNN
Supreme Court backs families fighting school district over disability discrimination
The Supreme Court on Thursday unanimously sided with a Minnesota family that has been battling their local school district over the education of their daughter in a decision that could make it easier for other parents of disabled children to seek damages from schools under federal disability laws. The decision, written by Chief Justice John Roberts, rejected a lower court ruling that had set a high legal bar to bring those claims, essentially shielding school districts from certain suits involving disability discrimination. The teenager at the center of the case, identified in court papers as Ava, has a rare form of epilepsy that made it impossible for her to attend school in the morning. Her parents requested that the district accommodate her disability with evening instruction, but school officials initially declined to do so. The parents filed a successful complaint under the Individuals with Disabilities Education Act, which resulted in a decision requiring the school to offer evening parents then sued the district for damages under the Americans with Disability Act and Section 504 of the Rehabilitation Act. That latter law is what allows parents and schools to develop '504 plans' to accommodate students with disabilities. A federal district court ruled with the schools, holding that the family had not demonstrated that school administrators operated with 'bad faith or gross misjudgment,' a higher legal standard than the 'deliberate indifference' threshold that courts apply in other disability discrimination contests. The 8th US Circuit Court of Appeals affirmed that decision and the parents appealed to the Supreme Court in September. In its decision on Thursday, the Supreme Court ruled that the same standard that applies in other disability contexts should also apply in schools. It doesn't mean that the families will necessarily win their cases, but it will make it easier for them to bring their claims. 'That our decision is narrow does not diminish its import' for the family involved in the litigation 'and 'a great many children with disabilities and their parents,'' Roberts wrote. 'Together they face daunting challenges on a daily basis,' Roberts added. 'We hold today that those challenges do not include having to satisfy a more stringent standard of proof than other plaintiffs to establish discrimination under Title II of the ADA and Section 504 of the Rehabilitation Act.' Five federal appeals courts have required parents to meet the higher standard to proceed with litigation and two others apply the lower standard. Public school districts, worried about limited resources, had argued at the Supreme Court that the way to handle the case was not to lower the standard for families like the one involved but rather to raise it for everyone else. But the court dismissed that argument as arriving too late in the litigation. The court's 'resolution of these issues could have significant ramifications for both disability law and discrimination law more generally,' Justice Clarence Thomas wrote in a concurring opinion joined by Justice Brett Kavanaugh. 'That these issues are consequential is all the more reason to wait for a case in which they are squarely before us and we have the benefit of adversarial briefing.' Two years ago, the Supreme Court sided unanimously with a student who is deaf and also sought to sue his school for damages. That case dealt with whether students could pursue those claims for damages before they exhaust administrative processes required under another law, the Individuals with Disabilities Education Act.


CNN
12-06-2025
- Politics
- CNN
Supreme Court backs families fighting school district over disability discrimination
The Supreme Court on Thursday unanimously sided with a Minnesota family that has been battling their local school district over the education of their daughter in a decision that could make it easier for other parents of disabled children to seek damages from schools under federal disability laws. The decision, written by Chief Justice John Roberts, rejected a lower court ruling that had set a high legal bar to bring those claims, essentially shielding school districts from certain suits involving disability discrimination. The teenager at the center of the case, identified in court papers as Ava, has a rare form of epilepsy that made it impossible for her to attend school in the morning. Her parents requested that the district accommodate her disability with evening instruction, but school officials initially declined to do so. The parents filed a successful complaint under the Individuals with Disabilities Education Act, which resulted in a decision requiring the school to offer evening parents then sued the district for damages under the Americans with Disability Act and Section 504 of the Rehabilitation Act. That latter law is what allows parents and schools to develop '504 plans' to accommodate students with disabilities. A federal district court ruled with the schools, holding that the family had not demonstrated that school administrators operated with 'bad faith or gross misjudgment,' a higher legal standard than the 'deliberate indifference' threshold that courts apply in other disability discrimination contests. The 8th US Circuit Court of Appeals affirmed that decision and the parents appealed to the Supreme Court in September. In its decision on Thursday, the Supreme Court ruled that the same standard that applies in other disability contexts should also apply in schools. It doesn't mean that the families will necessarily win their cases, but it will make it easier for them to bring their claims. 'That our decision is narrow does not diminish its import' for the family involved in the litigation 'and 'a great many children with disabilities and their parents,'' Roberts wrote. 'Together they face daunting challenges on a daily basis,' Roberts added. 'We hold today that those challenges do not include having to satisfy a more stringent standard of proof than other plaintiffs to establish discrimination under Title II of the ADA and Section 504 of the Rehabilitation Act.' Five federal appeals courts have required parents to meet the higher standard to proceed with litigation and two others apply the lower standard. Public school districts, worried about limited resources, had argued at the Supreme Court that the way to handle the case was not to lower the standard for families like the one involved but rather to raise it for everyone else. But the court dismissed that argument as arriving too late in the litigation. The court's 'resolution of these issues could have significant ramifications for both disability law and discrimination law more generally,' Justice Clarence Thomas wrote in a concurring opinion joined by Justice Brett Kavanaugh. 'That these issues are consequential is all the more reason to wait for a case in which they are squarely before us and we have the benefit of adversarial briefing.' Two years ago, the Supreme Court sided unanimously with a student who is deaf and also sought to sue his school for damages. That case dealt with whether students could pursue those claims for damages before they exhaust administrative processes required under another law, the Individuals with Disabilities Education Act.
Yahoo
05-06-2025
- Business
- Yahoo
Kentucky public schools depend on federal funding. We can't afford to lose it.
Because our social media feeds and cable news networks have focused on hot-button issues in education, you may have missed an important development. The US House of Representatives passed a resolution to cut education and workforce funding by $330 billion over the next 10 years. Commentators and pundits debate education funding and dismiss investments as waste without ever defining the term. Unfortunately, a critical voice is missing from this much-needed conversation: educators. As CEO of the Ohio Valley Educational Cooperative (OVEC), I work with an incredible team of education experts to support 14 Kentucky public school districts as they work to educate the next generation. We do so by spearheading programs and initiatives that help teachers develop professionally, learn new skills in the classroom and even recruit new Kentucky teachers. Programs like Teach Tech Kentucky, which empowers teachers to include technology and computational thinking into their existing curricula, are helping fuel tomorrow's workforce. Additionally, OVEC's teacher apprenticeship program is primed to bring new teachers into classrooms so our students receive more individualized instruction. Opinion: We have money to fight Kentucky's opioid crisis. Let's not waste it. While we fill a vital role, districts rely heavily on federal support to maintain quality educational experiences for students, recruit and retain high-quality teachers and ensure student success in the classroom, workplace and community. To understand the potential impacts on Kentucky public schools, teachers and students, it is important to know the facts. That means understanding how much districts currently receive from the federal government. The Kentucky Center for Economic Policy (KCEP) conducted a study and analyzed districts' budgets from across the state to determine how much federal funding districts receive. The study found that OVEC districts — and Kentucky public schools more broadly —can't make ends meet without federal funding. According to KCEP, OVEC districts collectively receive $413 million in federal funding per year. On average, approximately 18% of an OVEC district's funding comes from the federal government. The numbers vary from district to district, but some areas in our region could lose 24% of their funding if federal education funding is eliminated. Opinion: We are business leaders. Tariffs will trigger cost-of-living crisis in Kentucky. Resources that students rely on through programs like free and reduced school lunch, Title I and the Individuals With Disabilities Education Act all are at risk if federal education dollars are cut. These funds are also used to assist students prepare to join the workforce. There is no doubt that the future of Kentucky public schools is on the line, and while education may be a hotly contested subject, one thing we all can agree on is Kentucky's kids are a worthy investment. Urge your congressional representatives to fund our future and protect investments in education funding. Tell us what you think. Submit a letter to the editor. Jason Adkins is the CEO of Ohio Valley Educational Cooperative (OVEC). This article originally appeared on Louisville Courier Journal: Federal funding cuts will put KY public education at risk | Opinion


Washington Post
28-04-2025
- Health
- Washington Post
Justices seem sympathetic to student in disability discrimination case
The Supreme Court appeared sympathetic Monday to the arguments of the parents of a Minnesota teen with severe epilepsy who want schools to do more to accommodate the needs of disabled students. The case focuses on whether families must meet an unfairly high burden to show schools are falling short. It is being closely watched by disability advocates and schools, with officials saying a ruling for the girl — identified as Ava in court filings — could make it easier for millions of students to require educators to do more to tailor teaching to their unique situations. Roman Martinez, an attorney for Ava's family, told the justices during oral argument that some federal courts require students with disabilities to show that school officials acted in 'bad faith or gross misjudgment' to prove a discrimination claim under landmark disability laws — a bar not required in other disability-discrimination cases. Other courts use an easier to prove requirement known as 'deliberate indifference.' 'It's wrong to impose any sort of uniquely stringent standard on children facing discrimination in schools,' Martinez said in court. Ava has a rare form of epilepsy. She requires help walking and going to the bathroom, and has difficulty communicating. Her seizures are most severe in the morning, so she typically cannot attend school before noon. After moving to Minnesota in 2015, Ava's parents asked the Osseo Area School District in the Minneapolis suburbs to match the evening instruction and other accommodations she had received from her previous school district in Kentucky. Ava's parents said Osseo schools refused, offering shifting rationales, including that providing the requested services would set an unfavorable precedent for other school districts and that they did not want to teach Ava in her home. During her first three years at Osseo schools, Ava got about 65 percent of the instructional time typically given to students without disabilities. The school district said it worked hard to accommodate Ava, including meeting with her parents before they enrolled her and starting her school day at noon. The system offered to engage in mediation to resolve differences over Ava's education plan, but officials said her parents refused. The Individuals With Disabilities Education Act guarantees schoolchildren with disabilities a 'free appropriate public education.' People who claim schools have failed to meet the act's guidelines can sue under the Americans With Disabilities Act and the Rehabilitation Act. Ava's parents did so, asking for a permanent injunction to require Osseo to provide her a full day of instruction. They also sought compensatory damages for Ava's alleged mistreatment. The district court rejected the discrimination claims, and the Court of Appeals for the Eighth Circuit affirmed, finding Ava's family had not proven the 'bad faith or gross misjudgment' standard. Lisa Blatt, an attorney for Osseo schools, told the justices that the 'district cares deeply about Ava and gave her more service than any other student.' She also said a ruling for Ava would expose schools to more legal action and possibly severe sanctions under the ADA. 'Reversing … would expose 46,000 public schools to liability,' Blatt said. 'Every good-faith disagreement would risk liability or even the nuclear option — the loss of federal funding.' Blatt argued that the justices should impose the more stringent 'bad faith or gross misjudgment' standard in all disability discrimination cases, not just those related to schools. Justice Amy Coney Barrett appeared skeptical, saying that would be a 'sea change.' 'That strikes me as a pretty big deal,' Barrett said. 'We don't have other circuits that have adopted the question.' The federal government is backing Ava's parents, arguing that the 'bad faith or gross misjudgment' standard has no basis in the ADA or Rehabilitation Act. Monday's argument grew unusually testy at one point, with Blatt accusing the attorney for Ava's family of lying. Justice Neil M. Gorsuch demanded that Blatt withdraw the accusation, which she eventually did. 'You should be more careful with your words, Ms. Blatt,' Gorsuch told her. A decision in the case, A.J.T. v. Osseo Area Schools, is expected by summer.
Yahoo
20-03-2025
- Business
- Yahoo
Ahead of setting school budgets, Michigan education leaders brace for federal cuts
As the U.S. Department of Education's future is uncertain, school leaders across Michigan are pondering an intimidating reality as they plan next school year's budget: What if a portion — or all — of the state's annual federal funding goes away? Michigan receives roughly $2 billion in federal education funding annually. Nikolai Vitti, superintendent of Detroit Public Schools Community District, held a budget update on Wednesday. Vitti, in the virtual meeting with over 1,000 attendees, said his district, the largest in the state, disproportionately relies on federal funding, compared with other districts in the state. "You can imagine the hurt and pain that we will experience by losing federal funds," he said. Adding later that the direction the federal government has taken under President Donald Trump is "defunding the future of the most disadvantaged children in this country." "This is no longer a drill," he said. "We have to stop thinking, 'Oh it's rhetoric; it's just an executive order.'... This is real, folks. ... We cannot wait, we cannot hope. We cannot pray alone to think that we're going to get through this without changing direction and advocating for something different and something better." The U.S. Department of Education's workforce has already been about cut in half, with cuts to some grant and research programs. Federal education funding makes up about 9% of the state's education budget, according to the Michigan League for Public Policy. No concrete cuts to federal funding have been put forward and even if Congress eliminated the federal education department, funding wouldn't automatically be cut. But speculation over what could be cut has proliferated. A federal budget resolution approved Friday does not lay out many specific streams of education funding, Education Week reported, prompting even more speculation about what could be slashed by Congress. School budgets have to be completed by June 30. And a lot could happen between now and then. But already, administrators have started to use the word "cut" — hopefully, judiciously, Vitti said, if federal cuts happen. "What I don't want to do is go to a world where many of you lived once where everyone gets a pink slip saying we don't know if your job is there next year," he said. Novi Community School District Superintendent Ben Mainka said he is preparing for both the best- and worst-case scenarios as budget uncertainty looms. "We're kind of operating under the auspices of, let's be prepared, but let's also not do something rash and reduce programming or something like that ahead of hearing any information about actual cuts," Mainka said. In Wayne County alone, schools receive $421 per student in federal Title I funding, which is meant to help schools that educate a disproportionate amount of students from low-income homes. The Individuals With Disabilities Education Act, which allocates money for services for students with disabilities, is federal law. Michigan schools received about $460 million in federal funding for special education in 2024, about 15% of the funding for special education services, according to the Michigan League for Public Policy. State funding remains the largest source of education funding. Gov. Gretchen Whitmer's proposed budget includes a 4.1% increase to the foundation allowance for Michigan students, raising it to $10,000 per pupil, up from $9,608. But whether Whitmer's proposed budget will be passed as-is is up to lawmakers, who will likely agree on their own proposals before passing a budget, expected sometime in the summer. While 10% of state education funding is federal, about 32% of federal funding constitutes Detroit Public Schools budget, Vitti said, which is because the district has a weak local tax base and a larger population of vulnerable students than many districts in the state. Vitti said he is particularly concerned that Congress, in service of cutting $2 trillion from the budget, could eliminate portions of Title I funding, funding for teacher training, funding for English Learners, funding for programs that help low-income students improve learning experiences, Medicaid funding that helps students with disabilities, and funding for school lunch programs. In Detroit, $124 million in Title I funding for the 2024-25 school year went to paying academic interventionists, funding for assistant principals, funding for literacy programs, and more purposes. If Congress cut 25% of Title I funding, the superintendent said, Detroit would see $30 million gone. Vitti, stressing that no idea has been finalized, discussed several strategies district officials have thought up to address any potential budget cuts, including: accelerating the closure of schools that district had already planned to close, reducing discretionary funds for purposes such as professional development and STEM programs, freezing hiring for vacant roles, delaying technology upgrades and eliminating commercial property insurance coverage. "Myself and the board is already thinking about ways to keep people employed, mainly protect school staffing, protect student programming so reform can continue despite these cuts for the next year or two," he said. In Warren on Wednesday, educators, parents and students held school "walk-ins" to protest recent cuts to the federal education department. Robert Callender, a chemistry teacher and president of the Warren Education Association, wrote in a news release that federal education funding is critical to educating vulnerable students in particular. 'Dismantling the Department of Education would be devastating for local students with special needs and students from lower-income families, as our schools rely on federal resources to support special education programs, tutoring, school meals and more,' Callender wrote in a news release. 'This would cause permanent harm to Warren students, who need and deserve more support — not less.' Education leaders also stressed that federal funding for students with disabilities has never been fully funded: The Individuals with Disabilities Education Act promised to fund 40% of special education funding, but has largely hovered around the 15% mark, according to the American Speech–Language–Hearing Association. Many districts, even with state special education funding, have to dip into general education funding to cover special education expenses. "We're seeing a significant amount of challenges that relates to costs" of special education services, Mainka said. "Because, obviously, to support our children in the way that they need to be supported — and we're adamant that they get that support — it costs a lot of money." Wendy Zdeb, executive director of the Michigan Association of Secondary School Principals, wrote in an email response to questions from the Detroit Free Press that part of the frustration among education leaders is the pace at which the federal government is making cuts. "Compounding this is the lack of communication from the federal government," she wrote. "It seems as though cuts are happening so quickly in other departments of the government and schools need time to react to these things. It is pretty unnerving to just be watching the headlines learning about what is happening at the same time as the public." Contact Lily Altavena: laltavena@ This article originally appeared on Detroit Free Press: Michigan education leaders brace for federal cuts amid speculation