Did SCOTUS make it easier to sue schools for disability discrimination?

Aug 5, 2025

K-12 Dive

School districts likely won’t see a significant increase in lawsuits in the long term in the aftermath of a U.S. Supreme Court decision in June that endorsed a lower burden of proof for claims of disability discrimination against school systems, legal experts say. “For school districts, frankly, I think the general impression people have is going to be overblown,” said Perry Zirkel, an expert in special education law. “I don’t see it having a major long-range effect for school district people or for parents.” But Zirkel and other education attorneys say school districts need to take several steps to ensure they don’t become vulnerable to civil rights claims for monetary damages related to supports and services for students with disabilities. That includes preventing discriminatory practices through training sessions about disability-related policies and practices, as well as addressing problems as soon as they are known.

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