Mark Sommaruga Quoted in K-12 Dive Article on Supreme Court Ruling Expanding School Liability in Disability Cases

Pullman & Comley School Law attorney Mark J. Sommaruga was quoted in the K-12 Dive article, “Unanimous SCOTUS ruling raises schools’ liability in disability cases,” which reports on the recent U.S. Supreme Court decision regarding A.J.T. v. Osseo Area Schools, Independent School Dist. No. 279 that lowers the legal standard for students with disabilities to pursue discrimination claims against school districts under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The ruling brings national consistency by rejecting a previously higher burden of proof used in some jurisdictions. While the decision may increase the potential for lawsuits and financial liability, Mark emphasized that the threshold for monetary damages remains significant. “A mere mistake or a different judgment on a judgment call should not occasion an award of money damages,” he said. “There has to be intentional discrimination still, [based] on disability status. So, the bar hasn’t been razed completely to the ground. But it’s a lower bar.”

Mark also noted that the ruling highlights the importance of continued training for school staff to ensure compliance with federal disability laws and reduce the risk of litigation.

To read the full article, please visit the K-12 Dive website.