Fact Check: Lower courts required plaintiffs to show schools used 'bad faith or gross misjudgment' for claims.

Fact Check: Lower courts required plaintiffs to show schools used 'bad faith or gross misjudgment' for claims.

Published June 13, 2025
±
VERDICT
Partially True

# Fact Check: "Lower courts required plaintiffs to show schools used 'bad faith or gross misjudgment' for claims." ## What We Know In a recent Suprem...

Fact Check: "Lower courts required plaintiffs to show schools used 'bad faith or gross misjudgment' for claims."

What We Know

In a recent Supreme Court ruling regarding disability discrimination in schools, it was clarified that plaintiffs are not required to demonstrate "bad faith or gross misjudgment" when bringing claims under the Americans with Disabilities Act (ADA) or the Rehabilitation Act. The Court determined that a standard similar to other disability discrimination contexts should apply instead (source-1). This decision arose from the case of A. J. T. v. Osseo Area Schools, where the school district had argued for a heightened standard of proof, which the Court ultimately rejected (source-2).

Prior to this ruling, some lower courts, particularly in certain jurisdictions, did impose a requirement for plaintiffs to show that schools acted with "bad faith or gross misjudgment" in cases related to educational discrimination (source-6). This standard was seen as a significant barrier for students seeking to prove their claims (source-7).

Analysis

The claim that lower courts required a showing of "bad faith or gross misjudgment" is partially true. While it is accurate that some courts, particularly in the Eighth Circuit, had indeed applied this heightened standard, the Supreme Court's ruling has now clarified that this is not a requirement under federal law for ADA and Rehabilitation Act claims (source-3).

The reliability of the sources used in this analysis is high, as they include official court documents and reputable news outlets that cover legal matters extensively. The Supreme Court's decision itself is a primary source that directly addresses the legal standards applicable to such cases (source-1). However, it is important to note that the context of the claim is crucial; while the Supreme Court has removed the requirement for a heightened standard, it acknowledges that such standards existed in certain jurisdictions prior to this decision (source-4).

Conclusion

The verdict is Partially True. The claim that lower courts required plaintiffs to show "bad faith or gross misjudgment" is accurate in the context of certain jurisdictions prior to the Supreme Court's ruling. However, the Supreme Court has since established that such a requirement is not necessary for claims under the ADA and Rehabilitation Act, thereby changing the legal landscape for future cases.

Sources

  1. PDF Supreme Court of The United States
  2. A. J. T. v. OSSEO AREA SCHOOLS, INDEPENDENT SCHOOL ...
  3. Supreme Court Sides With Teenager in School Disability Discrimination ...
  4. Supreme Court win for girl with epilepsy expected to make disability lawsuits against schools easier
  5. Unanimous Supreme Court makes it easier to sue schools in disability ...
  6. Minnesota girl with epilepsy wins Supreme Court ruling expected to make ...
  7. Supreme Court Decision Lets Students Sue Schools More Easily for ...
  8. Supreme Court decision makes it easier for disabled ...

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Fact Check: Transcript
00:00
I cannot believe that Trump is
cutting Medicaid. Actually,
what I meant to say is that I
can't believe he's not cutting
more of it because medicaid is
a money laundering scheme for
your government.
Congratulations all you
bleeding heart democrats.
Instead of raging against the
machine, you're bending over
for it. Medicaid is jointly run
by the states and the feds and
for every one dollar that your
state allocates to the program,
the Feds turn around and match
that at a level of one 00
percent so one dollar up to
nine dollars. And this money
comes from taxpayers in other
00:34
states. Your money has a 900%
return rate at someone else's
expense. Why wouldn't you
expand the program? Thanks
Obama. That's exactly how we
wound up with way too many
Medicaid recipients in the
first place. Like everything
related to healthcare the
providers are in bed with the
government on this one too
because the government can tax
the providers. 1. Use that
dollar to collect the up to
nine dollars in federal funds
and to reimburse the provider
their original dollar. What?
Robbing the taxpayer to pad the
funding pool leading to
increase reimbursements for
01:06
Medicaid for the providers.
Yeah, if I'm a doctor or a
health care facility, I'm
saying sign me up to that. Yes,
the medical industrial complex
totally has your best interest
in mind so go ahead and swallow
up those vaccines like a good
little comrade. Age me harder
daddy. And speaking of
comrades, do you know how many
people in this country receive
Medicaid that shouldn't? Before
you start screaming, everyone
should get free health care.
Not the argument here. We do
not have universal health care
in the United States. It
doesn't work and since we don't
have it, that means someone is
paying for it and guess what?
There are lower-income families
01:37
who don't qualify for the
benefits but they're taxpayers
and they're being burdened by
this. Back to the point which
is that the system is insanely
abused. I used to do child
support referee work for years
and you would v
Partially True
🎯 Similar

Fact Check: Transcript 00:00 I cannot believe that Trump is cutting Medicaid. Actually, what I meant to say is that I can't believe he's not cutting more of it because medicaid is a money laundering scheme for your government. Congratulations all you bleeding heart democrats. Instead of raging against the machine, you're bending over for it. Medicaid is jointly run by the states and the feds and for every one dollar that your state allocates to the program, the Feds turn around and match that at a level of one 00 percent so one dollar up to nine dollars. And this money comes from taxpayers in other 00:34 states. Your money has a 900% return rate at someone else's expense. Why wouldn't you expand the program? Thanks Obama. That's exactly how we wound up with way too many Medicaid recipients in the first place. Like everything related to healthcare the providers are in bed with the government on this one too because the government can tax the providers. 1. Use that dollar to collect the up to nine dollars in federal funds and to reimburse the provider their original dollar. What? Robbing the taxpayer to pad the funding pool leading to increase reimbursements for 01:06 Medicaid for the providers. Yeah, if I'm a doctor or a health care facility, I'm saying sign me up to that. Yes, the medical industrial complex totally has your best interest in mind so go ahead and swallow up those vaccines like a good little comrade. Age me harder daddy. And speaking of comrades, do you know how many people in this country receive Medicaid that shouldn't? Before you start screaming, everyone should get free health care. Not the argument here. We do not have universal health care in the United States. It doesn't work and since we don't have it, that means someone is paying for it and guess what? There are lower-income families 01:37 who don't qualify for the benefits but they're taxpayers and they're being burdened by this. Back to the point which is that the system is insanely abused. I used to do child support referee work for years and you would v

Detailed fact-check analysis of: Transcript 00:00 I cannot believe that Trump is cutting Medicaid. Actually, what I meant to say is that I can't believe he's not cutting more of it because medicaid is a money laundering scheme for your government. Congratulations all you bleeding heart democrats. Instead of raging against the machine, you're bending over for it. Medicaid is jointly run by the states and the feds and for every one dollar that your state allocates to the program, the Feds turn around and match that at a level of one 00 percent so one dollar up to nine dollars. And this money comes from taxpayers in other 00:34 states. Your money has a 900% return rate at someone else's expense. Why wouldn't you expand the program? Thanks Obama. That's exactly how we wound up with way too many Medicaid recipients in the first place. Like everything related to healthcare the providers are in bed with the government on this one too because the government can tax the providers. 1. Use that dollar to collect the up to nine dollars in federal funds and to reimburse the provider their original dollar. What? Robbing the taxpayer to pad the funding pool leading to increase reimbursements for 01:06 Medicaid for the providers. Yeah, if I'm a doctor or a health care facility, I'm saying sign me up to that. Yes, the medical industrial complex totally has your best interest in mind so go ahead and swallow up those vaccines like a good little comrade. Age me harder daddy. And speaking of comrades, do you know how many people in this country receive Medicaid that shouldn't? Before you start screaming, everyone should get free health care. Not the argument here. We do not have universal health care in the United States. It doesn't work and since we don't have it, that means someone is paying for it and guess what? There are lower-income families 01:37 who don't qualify for the benefits but they're taxpayers and they're being burdened by this. Back to the point which is that the system is insanely abused. I used to do child support referee work for years and you would v

Jul 27, 2025
Read more →
🔍
True
🎯 Similar

Fact Check: Autistic Non-Verbal Episodes in Marriage: Why Words Vanish Sometimes and What to Do About It Neurodiverse Couples Tuesday, august 12, 2025. Here’s the scene: You’re in the middle of a conversation with your spouse. Maybe the topic is small (“Did you pay the water bill?”) or monumental (“Are we happy?”). And then—without warning—your autistic partner’s voice disappears. No yelling, no slammed doors. Just… gone. You’re left holding the conversational steering wheel while they’ve quietly climbed into the trunk. If you’ve never lived with high-functioning autism, this can be tragically misconstrued as stonewalling or contempt. It isn’t. It’s just neurology pulling the emergency brake. Why This Happens: The Science Without the Lab Coat Smell For autistic adults, losing speech under stress is often a shutdown—a form of nervous system overload that knocks language production offline. Think of it like your phone freezing: all the apps are still there, but none of them open when you tap. Research calls this autistic burnout when it happens in a longer, chronic cycle—linked to masking (Hull et al., 2017; Raymaker et al., 2020). Masking is the art of “performing normal” so well that non-autistic people think you’re fine. The issue is that it eats through your energy reserves like a car idling in traffic with the A/C on full blast (Mantzalas et al., 2022). Eventually, one hard conversation can tip you from functional to frozen. And here’s where couples therapy meets neuroscience: physiological flooding—the body’s fight/flight/freeze switch—is a known relationship killer (Malik et al., 2019; Gottman Institute, 2024). In other words, for some autistic partners, flooding may tend to show up sooner, last longer, and is more likely to pull the plug on speech entirely. The Danger Loop in Marriage Autistic partner goes non-verbal — brain says “nope.” Non-autistic partner reads it as avoidance — brain says “attack.” Pressure increases — “Just say something.” Shutdown deepens — and now you’ve both lost. Do that a few hundred times and you’ll start conflating a physiological response into a moral failing. That’s the real marriage-killer. The Protocol: Three Phases, Zero Guesswork This is where we get practical. You can’t “love away” a temporary shutdown, but you can stop it from turning into World War III. Before: Build the Net Name the state. Agree on a phrase or signal ( I call this a couple code)—such as “words offline,” “shutdown,” a hand over the heart. The point is to make the invisible visible. The Shutdown Card. A literal card that says: I can’t speak right now. Please lower lights, reduce sound, give me X minutes. I promise I will circle back. The Pause Rule. Require a minimum of 20 minutes before resuming any tough talk. Autistic partner may need 90+. Agree ahead of time. Downgrade Kit. the usual gear; earplugs, soft light, weighted blanket, fidget, a quiet room. You know, human decency in object form. Reduce Daily Load. Avoid heavy talks right after work or big social events. Chronic overload makes a nervous shutdown more probable. During: Do Less, Better Autistic Partner: Give the signal. Exit stimulation. Switch channels if possible (text, notes app, yes/no cards). Send a short pre-written message: “Safe, can’t talk, back at 8:15.” Non-Autistic Partner: Acknowledge once—“Got it, I’m with you.” Hold the pause boundary. Lower stimuli. Go regulate your own nervous system—walk, journal, pet the dog. Don’t rehearse comebacks. Both: Avoid sarcasm, interrogation, ultimatums. Nothing lengthens a shutdown like moral outrage. After: Close the Loop Check in: “Are you ready to talk, or should we start in text?” Debrief: Identify triggers and what helped. Solve the actual problem. No conflict gets left to rot in the corner. Spot burnout early. If shutdowns start clustering, it’s time to reduce demands, not double them. How This Isn’t Stonewalling Stonewalling is a choice. Shutdown is a lockout. Stonewalling says, “I won’t talk to you.” Shutdown says, “I can’t talk to you yet, but I will.” The key difference? Repair intention. A shutdown protocol builds that right into the process. The Ten-Minute At-Home Drill Co-create your signal and card. Agree on a pause window. Pack the downgrade kit. Rehearse the exchange (“Got it, I’m with you.”). Check in weekly to tweak the system. Remember, you’re not aiming for zero shutdowns. You’re aiming for shorter, kinder, safer ones. Why This Works Because it matches lived autistic experience (Raymaker et al., 2020; Lewis et al., 2023). Because it honors nervous system limits instead of punishing them (Malik et al., 2019). Because it lets both partners keep their dignity and still solve the problem. In other words: you’re building a marriage that can survive the occasional moments when the words are gone for the time being. Be Well, Stay Kind, and Godspeed. REFERENCES: Hull, L., Mandy, W., Lai, M.-C., Baron-Cohen, S., Allison, C., Smith, P., & Petrides, K. V. (2017). “Putting on my best normal”: Social camouflaging in adults with autism spectrum conditions. Autism, 21(5), 611–622. https://doi.org/10.1177/1362361316671012 Raymaker, D. M., Teo, A. R., Steckler, N. A., Lentz, B., Scharer, M., Delos Santos, A., … & Nicolaidis, C. (2020). “Having all of your internal resources exhausted beyond measure and being left with no clean-up crew”: Defining autistic burnout. Autism in Adulthood, 2(2), 132–143. https://doi.org/10.1089/aut.2019.0079 Mantzalas, J., Richdale, A. L., Adikari, A., Lowe, J., & Dissanayake, C. (2022). What Is Autistic Burnout? A thematic analysis of posts on two online platforms. Autism in Adulthood, 4(1), 52–65. https://doi.org/10.1089/aut.2021.0079 Lewis, L. F., et al. (2023). The lived experience of meltdowns for autistic adults. Autism, 27(7), 1787–1799. https://doi.org/10.1177/13623613221145783 Malik, J., et al. (2019). Emotional flooding in response to negative affect in romantic relationships. Journal of Couple & Relationship Therapy, 18(4), 327–349. https://doi.org/10.1080/15332691.2019.1641188 Gottman Institute. (2024, March 4). Making sure emotional flooding doesn’t capsize your relationship. Retrieved from https://www.gottman.com/blog/making-sure-emotional-flooding-doesnt-capsize-your-relationship/

Detailed fact-check analysis of: Autistic Non-Verbal Episodes in Marriage: Why Words Vanish Sometimes and What to Do About It Neurodiverse Couples Tuesday, august 12, 2025. Here’s the scene: You’re in the middle of a conversation with your spouse. Maybe the topic is small (“Did you pay the water bill?”) or monumental (“Are we happy?”). And then—without warning—your autistic partner’s voice disappears. No yelling, no slammed doors. Just… gone. You’re left holding the conversational steering wheel while they’ve quietly climbed into the trunk. If you’ve never lived with high-functioning autism, this can be tragically misconstrued as stonewalling or contempt. It isn’t. It’s just neurology pulling the emergency brake. Why This Happens: The Science Without the Lab Coat Smell For autistic adults, losing speech under stress is often a shutdown—a form of nervous system overload that knocks language production offline. Think of it like your phone freezing: all the apps are still there, but none of them open when you tap. Research calls this autistic burnout when it happens in a longer, chronic cycle—linked to masking (Hull et al., 2017; Raymaker et al., 2020). Masking is the art of “performing normal” so well that non-autistic people think you’re fine. The issue is that it eats through your energy reserves like a car idling in traffic with the A/C on full blast (Mantzalas et al., 2022). Eventually, one hard conversation can tip you from functional to frozen. And here’s where couples therapy meets neuroscience: physiological flooding—the body’s fight/flight/freeze switch—is a known relationship killer (Malik et al., 2019; Gottman Institute, 2024). In other words, for some autistic partners, flooding may tend to show up sooner, last longer, and is more likely to pull the plug on speech entirely. The Danger Loop in Marriage Autistic partner goes non-verbal — brain says “nope.” Non-autistic partner reads it as avoidance — brain says “attack.” Pressure increases — “Just say something.” Shutdown deepens — and now you’ve both lost. Do that a few hundred times and you’ll start conflating a physiological response into a moral failing. That’s the real marriage-killer. The Protocol: Three Phases, Zero Guesswork This is where we get practical. You can’t “love away” a temporary shutdown, but you can stop it from turning into World War III. Before: Build the Net Name the state. Agree on a phrase or signal ( I call this a couple code)—such as “words offline,” “shutdown,” a hand over the heart. The point is to make the invisible visible. The Shutdown Card. A literal card that says: I can’t speak right now. Please lower lights, reduce sound, give me X minutes. I promise I will circle back. The Pause Rule. Require a minimum of 20 minutes before resuming any tough talk. Autistic partner may need 90+. Agree ahead of time. Downgrade Kit. the usual gear; earplugs, soft light, weighted blanket, fidget, a quiet room. You know, human decency in object form. Reduce Daily Load. Avoid heavy talks right after work or big social events. Chronic overload makes a nervous shutdown more probable. During: Do Less, Better Autistic Partner: Give the signal. Exit stimulation. Switch channels if possible (text, notes app, yes/no cards). Send a short pre-written message: “Safe, can’t talk, back at 8:15.” Non-Autistic Partner: Acknowledge once—“Got it, I’m with you.” Hold the pause boundary. Lower stimuli. Go regulate your own nervous system—walk, journal, pet the dog. Don’t rehearse comebacks. Both: Avoid sarcasm, interrogation, ultimatums. Nothing lengthens a shutdown like moral outrage. After: Close the Loop Check in: “Are you ready to talk, or should we start in text?” Debrief: Identify triggers and what helped. Solve the actual problem. No conflict gets left to rot in the corner. Spot burnout early. If shutdowns start clustering, it’s time to reduce demands, not double them. How This Isn’t Stonewalling Stonewalling is a choice. Shutdown is a lockout. Stonewalling says, “I won’t talk to you.” Shutdown says, “I can’t talk to you yet, but I will.” The key difference? Repair intention. A shutdown protocol builds that right into the process. The Ten-Minute At-Home Drill Co-create your signal and card. Agree on a pause window. Pack the downgrade kit. Rehearse the exchange (“Got it, I’m with you.”). Check in weekly to tweak the system. Remember, you’re not aiming for zero shutdowns. You’re aiming for shorter, kinder, safer ones. Why This Works Because it matches lived autistic experience (Raymaker et al., 2020; Lewis et al., 2023). Because it honors nervous system limits instead of punishing them (Malik et al., 2019). Because it lets both partners keep their dignity and still solve the problem. In other words: you’re building a marriage that can survive the occasional moments when the words are gone for the time being. Be Well, Stay Kind, and Godspeed. REFERENCES: Hull, L., Mandy, W., Lai, M.-C., Baron-Cohen, S., Allison, C., Smith, P., & Petrides, K. V. (2017). “Putting on my best normal”: Social camouflaging in adults with autism spectrum conditions. Autism, 21(5), 611–622. https://doi.org/10.1177/1362361316671012 Raymaker, D. M., Teo, A. R., Steckler, N. A., Lentz, B., Scharer, M., Delos Santos, A., … & Nicolaidis, C. (2020). “Having all of your internal resources exhausted beyond measure and being left with no clean-up crew”: Defining autistic burnout. Autism in Adulthood, 2(2), 132–143. https://doi.org/10.1089/aut.2019.0079 Mantzalas, J., Richdale, A. L., Adikari, A., Lowe, J., & Dissanayake, C. (2022). What Is Autistic Burnout? A thematic analysis of posts on two online platforms. Autism in Adulthood, 4(1), 52–65. https://doi.org/10.1089/aut.2021.0079 Lewis, L. F., et al. (2023). The lived experience of meltdowns for autistic adults. Autism, 27(7), 1787–1799. https://doi.org/10.1177/13623613221145783 Malik, J., et al. (2019). Emotional flooding in response to negative affect in romantic relationships. Journal of Couple & Relationship Therapy, 18(4), 327–349. https://doi.org/10.1080/15332691.2019.1641188 Gottman Institute. (2024, March 4). Making sure emotional flooding doesn’t capsize your relationship. Retrieved from https://www.gottman.com/blog/making-sure-emotional-flooding-doesnt-capsize-your-relationship/

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