In October, the U.S. Supreme Court began its new term. There are two significant special education cases before it that have the potential to impact the future of disability rights in public schools.
A.J.T. v. Osseo Area Schools, Independent School District No. 279 centers on a district’s obligation to accommodate a student with a severe seizure disorder that limited her ability to attend school before noon. The parents argued the district’s refusal to provide afternoon instruction violated the student’s rights under Section 504 of the Rehabilitation Act and Title II of the ADA.
Two lower courts have already ruled against the family, concluding that the district provided accommodations but was not required to alter its entire schedule for one student. If the Supreme Court chooses to hear this case, it could redefine what is considered reasonable accommodation under Section 504 and the ADA, particularly concerning modifications to school schedules or instructional formats for students with health-related attendance issues.
Luo v. Owen J. Roberts School District centers on the provision of special education services to an adult student with autism who had significant learning loss during the pandemic. The student was allowed to repeat a grade to compensate for the disruptions, but after that his services under IDEA ended. The parent appealed, asking that the district continue providing special education services into the 2022-23 school year because the student had not fully recovered from the learning loss.
Lower courts have already ruled in favor of the school district, finding that the district had complied with state law and was not obligated to extend IDEA services indefinitely. If the Supreme Courts takes this case, it could set new standards for how long schools are required to provide special education services in response to disruptions like the COVID-19 pandemic and the extent to which schools must continue services to remedy learning loss.
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