For federal claims brought under Section 504 of the Rehabilitation Act of 1973 and the Title II of the Americans with Disabilities Act (“ADA”), a student with a disability must establish that a federally funded program or public entity (e.g., a school district, special education cooperative, or college/university) has engaged in intentional discrimination on the basis of their disability. Today the U.S. Supreme Court issued a unanimous decision in A.J.T. v. Osseo Area Schools, addressing the standard for proving what constitutes “intentional discrimination” and seeking monetary damages as a remedy.
