By Barbie Vartanian, NJPI Board Member
The Supreme Court’s recent decision marks a meaningful step toward greater accountability in how schools serve students with disabilities. By replacing an outdated legal standard with one that aligns more closely with other civil rights cases, the Court has taken a significant—though not final—step toward fairness.
Until now, students in certain jurisdictions were required to prove that their schools acted with “bad faith or gross misjudgment” to win relief under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. This standard was far more demanding than the “deliberate indifference” standard applied elsewhere—and placed an undue burden on families already navigating complex challenges.
Going forward, all students will be held to that single, more reasonable standard. That change may open the door for more families to seek justice when their children face discrimination at school.
As a parent of a child with disabilities, I welcome this decision. It’s heartening to see the legal system acknowledge that students with disabilities deserve the same protections as others. Still, like many parents and advocates, I know that what’s written in law doesn’t always translate quickly—or easily—into what happens in classrooms.
This ruling does not solve every issue, nor does it guarantee swift accountability. But it sets a clearer expectation that schools cannot disregard their responsibilities without consequence. The impact will depend on how consistently it is enforced and how seriously schools take their obligations going forward.
At the New Jersey Policy Institute, we remain committed to ensuring every child—regardless of ability—has access to an education that respects their dignity and supports their success. Today’s ruling moves us closer to that ideal, and we’ll continue working to turn promise into practice.
