Suing School Districts for Damages Just Got Easier: The Parent-Side Special Education Playbook

Amy K. Bonn, Attorney | Law Office of Amy K. Bonn, LLC

Amy K. Bonn is an attorney with the Law Office of Amy K. Bonn, LLC, where she represents families of children with disabilities in special education matters throughout Nebraska. Her practice focuses on advocating for students and families in the special education system, including matters involving the Individuals with Disabilities Education Act (IDEA) and Section 504. She is also a parent of children with developmental disabilities.

• Education & Credentials

Amy received her Juris Doctor, summa cum laude, from Creighton University School of Law. She also earned a Master of Arts in English from the University of Pittsburgh and a Bachelor of Arts in English from Oglethorpe University. In addition, she completed a ten-month traineeship in disability advocacy and leadership through the University Center for Excellence in Developmental Disabilities at the University of Nebraska Medical Center.

• Recognition & Leadership

Amy has held leadership roles in organizations dedicated to supporting individuals with disabilities and their families. She served as President of the Board of The Arc of Nebraska and as a member of the Legislative and Advocacy Committee of the Nebraska Council on Developmental Disabilities.

• Professional Involvement

Amy is a consulting attorney with the Council of Parent Attorneys and Advocates (COPAA), a national nonprofit organization dedicated to protecting and enforcing the legal and civil rights of students with disabilities. She frequently presents on special education legal issues to families, attorneys, and support professionals. Amy also serves as an adjunct professor of legal research and writing at Creighton University School of Law.

• Experience

Amy provides advocacy to families at Individualized Education Program (IEP) and Section 504 meetings and represents families in IDEA due process hearings and federal litigation. Her practice is focused on helping families navigate the special education process and advocating for the educational rights and needs of children with disabilities. Her experience as both an attorney and parent of children with developmental disabilities provides her with a firsthand understanding of the challenges families face when seeking appropriate educational services and supports.

Melissa K. Waugh, Attorney | Belkowitz Law, PLLC

Melissa K. Waugh is an attorney with more than 20 years of legal experience and has focused her practice on special education law for more than 15 years. She represents parents and students in matters involving the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the Virginia Freedom of Information Act.

• Education & Credentials

Melissa earned her Bachelor of Applied Arts and Sciences, cum laude, from the University of North Texas, with a focus in biology, chemistry, and physics. She received her Juris Doctor, cum laude, from the University of Houston Law Center in 2000 and holds a Master of Public Health from the University of Texas Health Science Center. Melissa is licensed to practice law in Virginia, Maryland, and the District of Columbia. She is also admitted to the U.S. District Courts for the Eastern and Western Districts of Virginia and the U.S. Court of Appeals for the Fourth Circuit.

• Recognition & Leadership

Melissa serves as Co-Chair of the Policy and Compliance Subcommittee of the Special Education Advisory Committee (SEAC) for Loudoun County Public Schools. In this role, she contributes to discussions concerning special education policy, compliance, and the educational needs of students with disabilities.

• Professional Involvement

Melissa is a frequent speaker and educator on special education law and advocacy. She has served as faculty for the Council of Parent Attorneys and Advocates (COPAA), the Institute for Special Education Advocacy at William & Mary Law School, the Virginia Poverty Law Center Annual Statewide Legal Aid Conference, the University of Richmond School of Law Special Education Symposium, and the National Business Institute. She regularly presents to parent, attorney, and professional organizations on special education advocacy and legal issues affecting students with disabilities.

• Experience

Melissa represents parents and students throughout the special education process, including at IEP meetings, in mediation, in state and federal administrative complaints, in due process hearings, and in state and federal litigation. Her practice includes matters involving the IDEA, ADA, Section 504, and the Virginia Freedom of Information Act, and she has extensive experience advocating for families navigating complex special education systems. She has also served as a Guardian ad Litem for children in court. Melissa founded her own law firm after becoming involved in the special education system as a parent of children with disabilities and recognizing the need for attorneys dedicated to representing families in these matters, and she joined Belkowitz Law, PLLC in 2018, where she continues to focus her practice on special education law and advocacy.

SESSION 1 – The Parent-Side IDEA Playbook: Building the Case and Pursuing Remedies | 12:00pm – 1:00pm

This session provides a practical framework for enforcing IDEA rights for students and families before federal litigation. Attendees will learn how to identify the dispute, select the appropriate enforcement channel (state complaint, mediation, or due process), and consider timelines and relief. The session also covers building the administrative record, framing claims, and avoiding common procedural errors, with attention to how early strategy and Perez v. Sturgis may affect later litigation.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Suing the School District for Damages After A.J.T. v. Osseo | 1:10pm – 2:10pm

This session examines disability discrimination claims against school districts under Section 504 of the Rehabilitation Act and Title II of the ADA, including the elements of a claim, the distinction between damages and injunctive relief, and the role of IDEA exhaustion under Perez v. Sturgis. The session will address the limits on damages under Cummings and Barnes and then turn to A.J.T. v. Osseo Area Sch., 605 U.S. 335 (2025), the unanimous Supreme Court decision rejecting the heightened “bad faith or gross misjudgment” standard for school-based ADA and Section 504 claims. Attendees will examine how A.J.T. brings these claims in line with the standards applied in other disability discrimination contexts, including deliberate indifference as the prevailing framework for compensatory damages, and will review post-A.J.T. case law, the evidence needed to establish deliberate indifference, and the significance of the Gebser framework. The session will also consider the Thomas/Kavanaugh concurrence and potential future developments affecting the standard and available remedies.