The recent U.S. Supreme Court decision in A.J.T. v. Osseo Area Schools, Independent School District No. 279 , holds that K–12 students did not need to make a heightened showing of “bad faith or gross misjudgment” in bringing claims under Title II of the Americans with Disabilities Act (42 U.S.C. 12131‐65) and Section 504 of the Rehabilitation Act (29 U.S.C. 794). It also held that school districts are not subject to the same standards that apply in other discrimination contexts — namely, postsecondary education. But now the Supreme Court has clarified what students with disabilities and colleges and universities must consider when students seek compensatory damages for Title II and Section 504 violations.
Marc Charmatz (Thu,) studied this question.
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